Walter Griffith assigned waste in that the lessee suffered the banks of the River Trent, which flowed through the said lands, to be unrepaired, whereby the water burst the banks and surrounded the lands by default of the lessee. It was held by all the justices that this was waste, because the Trent is not so violent but that the lessee by his policy and industry could well preserve the banks, and cause the water to flow within its limits. But the violence of the sea is such, that it cannot by any policy be restrained; wherefore if by tempestuousness the sea bursts the walls and surrounds the land this is no waste.
Citations:
72 ER 447, 6 Eliz1 (1564), Moore (K.B.) 70 Case No 187
Jurisdiction:
England and Wales
Cited by:
Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 24 November 2022; Ref: scu.196745