Dilapidations - 1883 Author:Banister Fletcher Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: staple. The rights and liabilities of tenants in fee simple, tenants-in-tail, and tenants-in-tail after possibility of issue extinct, are comprised in Tables V.,... more » VI., and VII. TABLE II.—Eights and Liabilities of Lessees. 1. Cannot compel landlord, or lessor, to repair, unless bound by contract to do so. 2. Cannot require premises to be rebuilt by lessor, although lessor may have insured the premises, and has received the amount from the insurance office, though he may have covenanted for quiet enjoyment.8 3. Must pay rent though premises be burnt down, unless there is an express covenant that rent shall cease.3 4. No implied condition that they may leave or quit, if landlord neglects to do the repairs which he is bound to do.4 (Note.—There must be an express stipulation to that effect to entitle them to do so.)5 5. No implied covenant that if landlord omit to do the repairs, according to his covenant, they may do them, and deduct the amount from the rent.6 6. Where there is an express agreement in writing for the hire of a house, and for keeping it in repair, there is also the implied obligation to use it in a tenant-like manner.7 7. An implied contract to commit no waste, either voluntary or permissive.8 Leago v. Deane, 4 Biug., 459. Pindar v. Ainsley, cit. 1 T. R., 312—Brown v. Quilter, Amb. 619. Hare v. Groves, 1 Anstr., 687. Surplice v. Famsworth, 8 Scott N. R., 307. Furnival v. Grove, 30 L. J. C. P., 3. Hewlett v. Strickland, Cowp., 56—Weigall v. Waters, 6 T. R., 488—Smith v. Maple- back, 1 T. R., 441—See Johnson v. Carre, 1 Lev., 152—Baylye v. Hughes, Cro. Car., 137. 7 Holford v. Dunnett, 7 M. and W., 348—Dletrichsen v. Giubilei, 14 M. and W., 845—Doe d. Worcester School Trustees v. Rowlands, 9 C. ana. P., 734—White v. Nicholson, 4 Scott...« less