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Herne v Bembow: 1813

The premises were demised by the plaintiff to the defendant by lease. It was an action on the case in the nature of waste.
Held: ‘Case for permissive waste does not lie against a tenant by lease, who has not covenanted to repair’.

Citations:

(1813) 4 Taunt 764

Jurisdiction:

England and Wales

Citing:

AppliedCountess of Shrewsbury’s Case 1600
A tenant at will is not liable for permissive waste where confidence has not been reposed in him. . .

Cited by:

CitedDayani 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: 23 November 2022; Ref: scu.196728

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