«ei r
lI ffam
°y- Bad brickwork, causing by its humidity dampt^istg ; , ever ything; unseasoned timber, that shrinks and
^kiiio- a directions, throwing floors out of their level, and^oor s “ ® e ttlements from top to bottom, through which thef a«lty windows have to be constantly eased and rehung;c h°k ed , “ imperfect drainage, which becomes constantly^Oclgj,f roof acting like a sieve ; and this list of ills that^an, arui ? Uses are l 16 ”' to, is no exaggeration ; yet many aa Pi'Ud e le ’ too, w ho may be esteemed in his own businesste adi|y t nt man, is induced, from a want of consideration,8 aiy j.®.P r °mise to do and perform all needful and neces-re Paij._ y’ r 4 s ) or at least to leave the house in tenantablePrise a t 13 n °t a little amusing to observe the tenant’s sur-P'datio^ 16 en< f °f Ids tenancy, on receiving a notice of dila-t'd jj e • What! he exclaims, and leave the house 100 per?f <Uon ev er t .f |aa when I took it ? This, and the various sumsn Caa en ai< ^ t0 jibing tradesmen, all the accounts of whomtK P°or arnerate hy heart, constitute the anchor of hope tohon s „ ® nan tj when informed, in spite of all the benefitsf^ 1 and laa derived from him during his tenancy, that still,' J r th e : S . Ucl1 are dilapidations, and as such he is answerable
f ' ‘■Heir v, ■" are dilapidations, and as such he is answerable° r th e n 61 n S reinstated. In the present age, remarkablecl ean ,11)e r of scantily-constructed houses, with so nicec et| atu 3 ’ .y e r deceitful, an exterior, invitingly waiting forn tls ider t i ease °r agreement, it cannot fail to be useful toand t 16 riature of the obligation that exists between land-f t - 8 Win I J at * t u P on the hire of house-property ; for as mis-fit in the best regulated families, so do the
la S°od understanding that may have existediut ° a °f tli l ^ an< f tenant suddenly cease with the termi-“re 6 iease - Covenants to repair, when once entered
P*n’ are
y shm.i® Vo ? a hle; it is, therefore, most important that each
S y id hould
b^^t.
at ion s
clearly understand wliat constitutes repairs orand as to all defects, whether they arise from
are to
’(^ade 01 decay, and by which party they
fof^'OUs, 011 making a claim from his tenant for dila-th£ i e ust 'sh°w that they are such as were stipulateddig. 6 good ase> as the obligation on the part of the tenant toC*ent ’^es, in nearly every case, according to theOf i^d by tt ^ enants °f the lease, by whichI. 6 ? 8 re«r>„ ° r . e or less stringent clauses, involvin
^•£b slbilUies - _
to dilap; d 0 ”?’ * n an exce ^ en f treatise on this subject,
tenants aregreater
tetie dtl ° ns as the act or default of a person having
: tei 1 Inent to the injury of another having a right to
°tb e j> >eil (3i ri< , ernent » °r a tenant’s obligation may be considered‘‘ r' S P r opo ? n l ' le old maxim—“ You must not injure an-Ha, is an use it as your own.”
Uml 5 ai ^ era ^ ve ac ^ of j iistice to himself for the future•f m °f hi 3 * 6 a stipulation that, previous to the commence-, l iv e 'her e aanc y> the premises shall be surveyed ; so that,*Sit° a die p,. Can . considered anything unsound or defec-ts' 8 ^Oclu 6 ] 11 * 868 ’ it may be made good before the agree-dtoL Sood e< f> otherwise the tenant will find that he mustPo s
hi
fj^jj - - .....
•> ;, ,J '’essii„,’ w dutever was the state of repair when hey li..,^ Ji< se. s the premises.
^ a ten. a ° n ^ ease -—In the case of premises being letv te ^f^cts ti Ut s dould not be compelled to supply and makelj ai , lat may arise from time, and use, because, as: t ( . tli l ) Ue d for use, .and gives to the owner an equi-jt ''^tftent ? i an( llord has a claim only for a restoration ofN a c SfS iujured by the tenant, hut has no right toj*§ree a t* t* 6 wear t° he made good; but then, as thedy s Uppl 0 * ee P the house in tenantable repair, he is.J a H occasional and accidental defects whichPremises to premature decay. Accidents3 z
happening during his tenancy, if not inevitable, must bemade good by the tenant, for it is fair to presume, that hadhe adopted proper precautions, the accident might have beenprevented ; therefore, there exists an obligation not to sufferdilapidations, and it is evident that the tenant is equallybound not to do any act that will cause an injury to thetenement.
“ Voluntary waste means an alteration in the tenement, itbeing held in law that a lessee cannot change the nature ofthe thing demised ; the act of alteration exceeds the right touse, and infringes on the condition that the landlord shallreceive back the premises in the same state and condition aswhen the lease was granted. It is, therefore, essential that atenant contemplating an alteration or improvement shouldreceive proper permission and authority from the landlord.”
“ Permissive waste consists of a neglect on the part of atenant to supply the repairs required by time and use, andalso a neglect to make good occasional and accidental dilapida-tions. blouses and outbuildings are the principal subject ofdilapidations, but the law extends to trees, land, changingthe course of industry, &c. but the chief subject is buildings^These, though subject to decay in the progress of time, arecapable of having the defective or decayed parts made good, andare therefore subject to both permissive and voluntary waste.
“ A tenant hiring premises on lease is hound to performtenantable repairs, which may be divided into three heads,—the ornamental, which includes the trades of painter andpaper-hanger; the substantial, which includes the trades ofbricklayer and carpenter; the third includes all works whichtend to preserve the fabric from decay—as, stopping out windand weather, which includes the trades of the joiner, plas-terer, and glazier.
“ Dilapidations caused by accident are very serious upon atenant, as not only is the accident considered as a dilapida-tion, but injuries arising therefrom, of which the following isan illustration from Mr. Gibbons :—“ If a building be coveredwith weather-boarding, and such boarding decay from age, solong as it forms an entire and complete covering, it is nodilapidation ; but if, owing to any neglect, any of the internalwoodwork become injured, that is a dilapidation. If the maintimbers decay, they are not chargeable as a dilapidatiop, solong as they are an efficient support ; but if they give way,the tenant is bound not only to replace the timbers, but alldamage done by their fall. Accident, shown to be inevitable,such as resulting from tempests, does not fall upon thetenant, as in the case of a house being prostrated, the tenantneed not rebuild, but if the roof be blown off, the tenant mustreplace it. A tenant, generally speaking, is not answerablefor dilapidations resulting from natural decay, or the resultof time, or fair ordinary wear and tear, but is answerable forall extraordinary decay. For instance, as to decay caused bythe premises being exposed to the weather, as if the roof hesuffered to go in bad x-epair, the tenant must make good therafters and other timbers, if they are injured. Lord ChiefJustice Tindal defined a tenant's obligation to repair thus:—
“ Where an old building is let, and the tenant enters into acovenant to repair, it is not meant that the old building is tobe restored in a renewed form at the expiration ol his tenancy,or-that the pi’emises shall be of greater value than it was atthe commencement. What the natural operation ol timeflowing on effects, and all that the elements bring about indiminishing the value, which, so far as it results from timeand nature, constitute a loss, falls upon the landlord. Butthen the tenant must be careful that the tenement do notsuffer more than time and nature would effect. lie is boundto keep the premises in nearly the same state of repair aswhen demised.”