Legal Definitions - Permissive waste

Permissive waste occurs when a tenant, through their inaction or neglect, allows a rented property to fall into disrepair or suffer damage. Unlike active destruction, permissive waste arises from a tenant's failure to perform routine maintenance, make necessary minor repairs, or take reasonable steps to prevent deterioration, leading to a decline in the property's value or condition.

Here are some examples illustrating permissive waste:

• Example 1: A tenant leases a house with a garden and fails to regularly prune overgrown trees or clear fallen leaves from the gutters. Over time, the unpruned branches scratch the house's siding and roof, and clogged gutters cause rainwater to overflow, leading to water damage to the foundation and fascia boards.

  How this illustrates permissive waste: The tenant did not actively damage the property. Instead, their neglect in performing routine garden and gutter maintenance allowed preventable issues (overgrown branches, clogged gutters) to cause significant harm to the house's structure and exterior.

• Example 2: A commercial tenant operating a restaurant leases a space with a ventilation system. Despite noticing that the system's filters are visibly dirty and the motor is making unusual noises, the tenant ignores these signs and fails to arrange for professional cleaning or servicing. Eventually, the neglected system breaks down, requiring costly repairs and causing a temporary closure of the restaurant.

  How this illustrates permissive waste: The tenant's failure to address obvious maintenance needs for a critical piece of equipment led to its deterioration and eventual breakdown, diminishing the value and functionality of the leased commercial property.

• Example 3: A tenant rents an apartment and observes a small, persistent leak under the kitchen sink. Instead of reporting the leak to the landlord or attempting to tighten the connection, the tenant places a bucket to catch the drips and takes no further action. Over several months, the continuous moisture leads to significant mold growth in the cabinetry and structural damage to the floorboards beneath the sink.

  How this illustrates permissive waste: The tenant's inaction in addressing a minor issue (the small leak) allowed it to escalate into a much larger problem (mold and structural damage), causing substantial harm to the landlord's property due to neglect.