Chiltern Railway Company Ltd & Anor v Patel

Chiltern Railway Company Ltd & Anor v Patel

A statutory declaration in the form of paragraph 8 is substantially in the form of a declaration under paragraph 7 for the purposes of paragraph 3 of Schedule 2 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, and thus satisfies the requirements of section 38A(3)(b) of the Landlord and Tenant Act 1954. The reference in the lease to the wrong paragraph does not invalidate compliance with the statutory requirements.

Parties
Appellant: The Chiltern Railway Company Ltd & Another; Respondent: Mrs Bella Patel
Jurisdiction
England and Wales
Judgment Date
08 February 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Business Tenancies, Exclusion Agreements, Statutory Declarations, Compliance With Statutory Forms
Landlord and Tenant Law Business Tenancies Exclusion Agreements Statutory Declarations Compliance With Statutory Forms

Case Brief

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Parties

The Chiltern Railway Company Ltd & Another

Appellant

Mrs Bella Patel

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the use of a statutory declaration in the form of paragraph 8, instead of a declaration in the form of paragraph 7, invalidates an exclusion agreement under section 38A(3) of the Landlord and Tenant Act 1954 and the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003
  2. 2 Whether the reference in the lease to the wrong paragraph of the schedule invalidates compliance with statutory requirements

Ratio Decidendi

A statutory declaration in the form of paragraph 8 is substantially in the form of a declaration under paragraph 7 for the purposes of paragraph 3 of Schedule 2 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, and thus satisfies the requirements of section 38A(3)(b) of the Landlord and Tenant Act 1954. The reference in the lease to the wrong paragraph does not invalidate compliance with the statutory requirements.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed