"Mr. Gibbons, in an excellent treatise on this subject, defines dilapidations as the act or default of a person having to use a tenement to the injury of another having a right to the same tenement. or a tenant's obligation may be considered as depending on the old maxim= You must not injure an other's property, but use it as your own.' "It is an imperative act of justice to himself for the future tenant to make a stipulation that, previous to the commence ment of his tenancy. the promises shall be surveyed ; so that, if then there can be considered anything unsound or defec tive on the premises. it may be made good before the ment is concluded, otherwise the tenant will find that he must make good all, whatever was the state of repair when he took possession of the premises.
" Houses held on lease.—In the case of premises being let on lease, as tenant should not be compelled to supply and make good defects that may arise from time and use, because, as the tenant bargained for use, and gives to the owner an equi valent rent, the landlord has a claim only for a restoration of the tenement as injured by the tenant, but has no right to make a claim for the wear to be made good ; but then, as the tenant agrees to keep the house in tenantable repair, he is bound to supply all occasional and accidental defects which may expose the premises to premature decay. Accidents happening dui ing his tenancy, if not inevitable, must he made good by the tenant, for it is fair to pre-ume, that had he adopted pi (vet. precautions, the accident might lia‘e been prevented ; therefore, there exists an old:gation not to dilapidations, and it is e ident that the tenant is equally bound not to do any act that will cause an injury to the tenement.
" robin biry waste means an alteration in the tenement. it being held in law that a lessee cannot change the nature of the demised ; the act I alteration exceeds the to use, and infringes on the condition that the landlord shall receive baek the premises in the same state and condition as when the lease was granted. It that a tenant contemplating an alteration or improvement sl•onld receive proper permission and authority from the landlord." " Pe,'oiissire waste consists of a neglect ou the part of a tenant to supply the repairs required by time and use. and also a neglect to make good occasional and aceidi ntal dilapida tions. 'Houses and outbuildings are the principal subject of dilapidations, lint the law extends to trees, land, changing the course of industry. &c., but the chief subject is buildings. These, though subject to decay in the progress of time, are capable (Allaying the defective or decayed parts made good.and are therefore subject to both permissive and voluntary waste.
"A tenant hiring premises on lease is bound to perform tenantable repairs. which may be divided into three heads,— the ornamental, which includes the trades of painter and paperhanger; the substantial. which includes the trades of bricklayer and carpenter ; the third includes all works which tend to preserve the fabric from decay—as, out wind and weather, which includes the trades of the joiner, plas terer. and glazier.
" Dilapidations caused by accident are very serious upon a tenant. as not only is the accident considered as a dilapida tion, but arising therefrom, of which the following, is an illustration from Mr. Gibbons:—` If a imilding lie covered with weather-boardimr, and such hoard deeav from age. so long as it tbrm an entire and complete covering. it is no dilapidation ; but if. owing to any any of the internal woodwork become injured, that is a dilapidation. If the main timbers decay, they are not chargeable as a dilapidation, so long as they are an efficient support ; hut if they give way, the tenant is bound not onlv to replace the timbers. but all damage done by their tall. Accident, shown to be inevitable, such as resulting from tempests, does not fall neon the tenant, as in the case of a house being prostrated. the tenant
need not rebuild, hut if the roof be blown off the tenant !oust replace it. A tenant. generally speaking, is 001 answerable far dilapidations resulting from natural decay, or the result cif t i me. or fair ordinary wear and tear. lint is answerable for all extraordinary decay. For instance. as to d eon y . caused by the premises being exposed to the weather. as if the if be slitRived ,to go in had repair, the tenant must make good the rafters and other timbers, it' they are injured.' Justice Tindal defined a tenant's obligation to repair thus :_._ Where an old building is let, and the tenant enters into a covenant to repair, it is not meant that the old building is to be re-tored in a renewed tb•in at the expiration of his tenancy, or that the premises shall he of greater value than it was at the commncement. 1Vhat the natural operation of time flowing on effects, and all that the elements about in diminishing the value, which. so far as it results from time and nature, eonstitute a loss, falls upon the landlord. But then the tenant must be careful that the tenement do not suffer more than time and nature would effct. Ile is bound to keep the premises in nearly the same state of repair as when demised.' `anneal tenant's obligation has been thus laid down by Lord Kenyon A tenant from year to year is bound to commit no waste, and to make from time to time fitir and tenantable repairs, such as windows; and doors that be injured during the tenancy.' Lord Tenterden decided that ` an annual tenant was bound to keep the premises wind and water tight.' " It seems but, ustice, that under any mode of letting or hiring of house property, a tenant should be bound to use all ordinary precautions to preserve the building from decay; therefore there exists an obligation to keep the outside and the roof sound, perfect, and water-tight ; and if' the internal woodwork decay sooner than it otherwise would do for want of paint, &c., the tenant is bound to restore it. (;,ass, if cracked or broken, becomes dilapidation, it being an outside covering.
"A tenant with. no agreement as to duration of his tenancy, cannot be bound to perfbrin any repairs, the nature of his tenancy being so weak that he eanni it be expected to do any repairs, as his landlord might immediately determine his tenancy, and reap the advantage to be derived from the out lay : besides, if' the honse require any repairs being done, the landlord can enter, and take any necessary steps for its pre servation ; but not so m ith premises let for a definite time,— then, the landlord having granted the use for a certain period, has not a right to enter upon the premises until the expiration of the tenancy. A tenant under this mode of letting. is how ever bound neither to commit nor permit waste. This kind of tenancy may be considered rather as a deposit than as a letting on hire,' and the tenant's obligation may be defined as `to use the house with care.'" The above extract gives a very clear and concise deserip than of the responsibilities undertaken by tenants under varied forms of tenancy. It is well worthy the attentive perusal of the young professional man, and indeed the whole subject of dilaiiidations is an important one, requiring his care ful study. It is one on which he is very frequently called upon to advise; and he will scarcely be competent to do so unless well acquainted with the just claims of the landlord, and the tiiir obligations of the tenant. To give in a list of repairs required to be done, is simple enough in acting for the landlord, but the surveyor should be well assured. from a practical acquaintanee with what really are dilapidations, to what extent he is justified in calling on the tenant to do them.