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Real Estate Definitions & Meanings | Real Estate Dictionary | Real Property Language Explained
Real Estate Terms - Encyclopedia
ISBN 978-0-9668946-4-6

Third Edition





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Real Estate Terms ONLINE - Encyclopedia








accounting, agency, appraisal
banking, construction,
finance words, insurance,
land economics, leases explained,
property, surveying,
town planning,
equity & trusts …
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ISBN: 978-0-9668946-1-5

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ISBN: 978-0-9668946-2-2

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arbitration, brokerage,
development, legal words explained,
contract explained, property
landlord & tenant, tort,
mortgage terms, foreclosure,
securitization,
valuation, zoning …

voluntary waste

…  In common law, a tenant for a term of years is liable for voluntary and permissive waste, unless excused by agreement or by the consent of the landlord (Davies v Davies (1888) 38 Ch D 499; Dayani v Bromley London Borough Council. [1999] 3 EGLR 144; 51C C.J.S., L & T (St. Paul, MN), § 261). A short-term periodic tenant (especially one from week to week, and probably one from month to month or even year to year), although liable for voluntary waste, is not liable to repair the demised premises (unless expressly committed thereto) and, therefore, the doctrine of voluntary and permissive waste has little application to such tenants. Nonetheless, in common law, the holder of a weekly tenancy (and by extrapolation any other short-term tenant who has no greater express liability) is required to maintain the premises at least in a tenant-like manner (Warren v Keen [1954] 1 QB 15, [1953] 2 All ER 1118 (CA)). A tenant at will is not liable for permissive waste, but an act of voluntary waste automatically terminates his right to continued occupation and he is liable for the consequential damage (Countess of Shrewsbury's Case (1600) 5 Co Rep 13b, 77 Eng Rep 68; Chalmers v. Smith, 151 Mass 561, 26 NE 95, 96 (1891)).  … (an except from the entry for waste)

Terms in bold are defined elsewhere in the Encyclopedia — more in the User Guide.