Both voluntary and permissive waste (suffering houses to go out of repair) were alleged against a tenant for life. The relief sought was an account and an injunction. In relation to the permissive waste, the court refused to order an account or an injunction requiring the tenant to rebuild, notwithstanding an argument that the court ought to intervene since the plaintiff had no remedy at law by reason of the intervention of another estate between the plaintiff’s remainder and the defendant’s estate for life. A court of equity never interposes in case of permissive waste either to prohibit or to give satisfaction, as it does in the case of wilful waste.
Citations:
22 ER 644, (1733) 22 Vin Abr 523, 2 Eq Ca Abr 758
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, Equity
Updated: 24 November 2022; Ref: scu.196870