Tenant for Life. Permissive Waste
Courts of Equity have no means of interfering in cases of permissive waste by a tenant for life of real property.
There is no implied trust to keep the property in repair imposed upon a tenant for life under a will; for, if there were, he could not convey away his life-estate without committing a breach of trust, nor, if he did, would he get rid of the trust by so doing.
A trustee, to whom real property is devised in trust for one for life, cannot interfere with the possession of the equitable tenant for life because he neglects to keep the property in repair ; but if the tenant for life is committing active waste it seems that the trustee may, and probably ought, to interfere, at least if the persons entitled in remainder are under disability. Therefore, such a trustee is not liable to the remainderman for the neglect of the tenant for life to repair.
Sir W Page Wood VC
43 ER 582, [1854] EngR 380, (1854) Kay 495, (1854) 69 ER 210
Commonlii
England and Wales
Cited by:
Cited – Re Cartwright; Avis v Newman ChD 1889
Permissive Waste: Tenant for Life / Remainderman
A tenant for life is not liable in damages for permissive waste. ‘Since the Statutes of Marlbridge and of Gloucester there must have been hundreds of thousands of tenants for life who have died leaving their estates in a condition of great . .
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 . .
Appeal from – Powys v Blagrave 2-Aug-1854
The appellants were tenants in tail in remainder and were not able to proceed at law against their co-defendant since he was only an equitable tenant for life. They argued that he ought by analogy to have the obligation not to commit permissive . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.196846
