Cases - West Ham Central Charity Board v East London Waterworks Co

Record details

Name

West Ham Central Charity Board v East London Waterworks Co

Date

[1900]

Citation

1 Ch 624

Keywords

Dilapidations case law

Summary

In a case concerning land that had been let for the purposes of creating a reservoir and which instead was used for dumping rubbish, causing the height of the land to increase such that the landlord could not then do what it wanted with the land without digging it out, the court held that the effect of the alteration by the tenant was that there had been waste.

The judge also noted that:

'If the permanent character of the property demised is not substantially altered, as for instance, by the conversion of pasture land into plough land, by breaking up ancient meadows, or the like, I conceive that the law is that it is not now waste for the tenant to do things which within the covenants and conditions of his lease he is not precluded from doing. Within those covenants and conditions he may use his holding as he pleases.'