Voluntary Waste

Real Estate meaning of Voluntary Waste

In the words of the Encyclopedia of Real Estate Terms about 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)

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