CA 2 October 1987. Appeal against county court decision, holding on a preliminary issue, that the application of the Landlord and Tenant Act 1954 ss24-28 , had not been effectively excluded from grant of an underlease of business premises. Negotiations took place for the grant of a tenancy for business purposes. The parties agreed that protection under ss24-28 of the Act would be excluded, and it was recognised that a county court order under s38(4) would be required. An underlease was granted unconditionally, and included a clause which agreed to exclude ss24-28 of the Act. Spaces were left for inclusion of the name of the court and date of the order. The parties were granted an exclusion order by the county court. The underlease was endorsed by the underlessees` solicitors with a memorandum of the order, but there was no re-execution of the underlease, or any joint endorsement of agreement excluding the tenancy from ss24-28 of the Act. At the end of the term, the underlessees appli