Tenants Trying To Remove Us From Property Using A N24 General Form of Judgement or order

[roony]

All the terms, there are no terms & conditions for a commercial lease with that collaterol agreement

[Ganymede]

All the terms, there are no terms & conditions for a commercial lease with that collaterol agreement

 

What about paragraphs 2, 3, 4, 5 and 6 of the Collateral Contract?

[roony]

No, i mean actual terms & conditions as required by the Landlord & Tenants Act, to create a valid commercial lease.

[Ganymede]

No, i mean actual terms & conditions as required by the Landlord & Tenants Act, to create a valid commercial lease.

 

Can you be more specific as to which terms you think are missing?

[roony]

I cant give you specifics, as I have no idea what the complete terms & conditions they should have to create a a valid commercial lease, according to the Landlord & Tenants Act.

 

But it is clear there are no complete terms & conditions they should have to create a a valid commercial lease, on a residential property.

[Ganymede]

How do you know that terms are missing if you have no idea what terms a commercial lease should contain?

[roony]

lol are you kidding me? A commercial lease has over 3 pages of terms & conditions ...

[roony]

ganymede I know you're trying to say, technically the collaterol agreement, is a commercial lease, but no judge would accept that collateral agreement as a commercial lease for a residential property.

[Ganymede]

lol are you kidding me? A commercial lease has over 3 pages of terms & conditions ...

 

A judge will ask you the same questions and what are you going to say to him/her?

 

"I have no idea what terms should be in a commercial lease to make it valid but I think this lease is missing those terms even though I don't know what those terms are... "

[roony]

Yes, I realise you're saying I should point out actual specifics, in an actual commercial lease. That is a fair point, I'll look into actual commercial leases & mark out the key points for a valid commercial lease.

[roony]

Ganymede I really appreciate you taking the time to see if this is done properly.

 

This is what I have so far :

 

My contention is, you cant automatically be under a commercial contract, unless you sign a commercial contract first, regardless of any agreement ...

 

If that is what they are stating then it is a violation of contract law. *Cite existing contract law*

 

This is a strict contract dispute, a contract dispute is no grounds to remove someone from the property. If there is a contract dispute the claimant should sue to resolve the contract dispute

 

If the claimant is claiming we should have issued them a commercial lease, then he should sue to resolve the contract dispute.

 

It is clear there has never been a commercial lease, & as such cannot remove my mother from the property with an injunction, on the grounds the claimant has no commercial lease with my mother.

 

If the claimant contends the collateral agreement, is an actual commercial lease.

 

Then the main key terms & conditions are missing from the collateral agreement, for a commercial lease to be valid under the Landlords & Tenants Acts 1954.

 

These main key terms & conditions are ...*cite main key terms & conditions for a commercial lease*

[Ganymede]

Good start.

 

You will need to fill in those two gaps to stand any chance.

[roony]

Thanks Ganymede,

 

I'll find those two points tomorrow, I'll also ring my mothers solicitor to see what he has to say on the points.

 

The other main point I came up with, is that because they breached the residential contract before they had ofsted permission, for a commercial lease, due to lack of payment & over 12 months in arrears. This makes the collateral agreement null & void, as the collateral agreement, is an addition to the existing residential terms & conditions.

[roony]

Ive changed the "This makes the collateral agreement null & void, as the collateral agreement, is an addition to the existing residential terms & conditions."

 

To : "As the collateral agreement terms are dependant on an existing residential contract to be valid."

 

The addition goes against the existing definition of a collateral agreement.