Brighton & Hove City Council v Collinson & Anor [2004] EWCA Civ 678 (12 May 2004)

Brighton & Hove City Council v Collinson & Anor [2004] EWCA Civ 678 (12 May 2004)

The court order authorising exclusion of statutory protection under sections 24-28 of the Landlord and Tenant Act 1954 applied to the lease granted to the Collinsons, as they were parties to the application and the lease was substantially similar to the draft considered by the court; technical arguments to the contrary were rejected.

Citation
[2004] EWCA Civ 678
Parties
Appellant/claimant: Brighton & Hove City Council; Respondent/defendant: David John Collinson; Respondent/defendant: Martin Arthur Collinson
Jurisdiction
England and Wales
Judgment Date
12 May 2004
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
appeal allowed
Legal Topics
Contracting Out of Statutory Protection, Section 38 Landlord and Tenant Act 1954, Lease Exclusion Orders
Landlord and Tenant Property Law Contracting Out of Statutory Protection Section 38 Landlord and Tenant Act 1954 Lease Exclusion Orders

Case Brief

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Parties

Brighton & Hove City Council

Appellant/claimant

David John Collinson

Respondent/defendant

Martin Arthur Collinson

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the exclusion of sections 24-28 of the Landlord and Tenant Act 1954 was valid for the lease granted to the Collinsons
  2. 2 Whether the court order authorising exclusion applied to the lease granted to the Collinsons rather than Galaxi 3 Limited

Ratio Decidendi

The court order authorising exclusion of statutory protection under sections 24-28 of the Landlord and Tenant Act 1954 applied to the lease granted to the Collinsons, as they were parties to the application and the lease was substantially similar to the draft considered by the court; technical arguments to the contrary were rejected.

Court Disposition

appeal allowed

Orders

  • counterclaim dismissed
  • possession order granted