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Brighton & Hove City Council v Collinson

Leases - Landlords - Tenants - Security of tenure - Business premises - Waiver - Technical language - Tenants bound by exclusion of security of tenure provisions - Landlord and Tenant Act 1954 - Landlord and Tenant Act 1954, s 38 (4)

28 May 2004

The claimant (B) appealed a decision that a clause purporting to exclude the tenants' security of tenure in a lease with the defendants (C) had no effect. The lease had been granted by B as landlord to C as the tenants. The exclusion contained within the lease purported to exclude the provisions of the Landlord and Tenant Act 1954, s 24 to s 28, which related to security of tenure. The lease had been granted following a number of communications between the parties. B had entered into negotiations for the lease with Galaxy 3 Ltd (G3), a company of which C were the directors. From the outset B had made it clear that it would seek to exclude the provisions of the 1954 Act relating to security of tenure. An application was made to the court in the names of B, C and G3 and an order was made under s 38(4) which authorised the exclusion of the security provisions in the terms of the lease. Following further correspondence the lease was subsequently executed with B as landlord and C as tenants...

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