roony
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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.
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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.
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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*
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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.
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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.
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lol are you kidding me? A commercial lease has over 3 pages of terms & conditions ...
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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.
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No, i mean actual terms & conditions as required by the Landlord & Tenants Act, to create a valid commercial lease.
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All the terms, there are no terms & conditions for a commercial lease with that collaterol agreement
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lol ganymede i was just getting to that. I understand you're stating the collateral agreement is a commercial lease, but there are no terms & conditions in the contract to satisfy the terms & conditions for a commercial lease.
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Apologies andydd, I had no idea this was the main issue. I just thought I had to go through some procedure to set aside the N24, because all we had was a two sheets of paper. I had no idea it was a full blown case.
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ok thanks ganymede, 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.
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lol yes, but a commercial lease has to be signed & issued in order for them to be under a commercial lease ... Last time I checked you cant automatically be under a contract, unless you sign a contract first, regardless of any agreement ...
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Yes, this is why I posted ... Our main point is, 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.
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They were only granted permission from Ofsted two months ago.
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Also if you read the collaterol agreement, it specifically states the issue of a commercial lease is conditional, it doesnt say they have a commercial lease on the signing of the agreement. It is conditional.
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If there was a commercial lease in place, then why do we have no commercial lease with them? We only have a residential AST.
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They have C2 Residential institutions planning permission, so I think they can run a C2 class business on a residential contract. Again I need to confirm that with the local council.
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Ok, from my notes : Our main point is, 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. I'll post my other notes, I'm still rummaging through paperwork ...
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Ah thanks for explaining the collateral agreement. I was told it was useless by a barrister, as a commercial lease was never issued to satisfy the requirements of the agreement. But he only skimmed the document, he never researched it, as I dont have the cash ... The terms in the collaterol are conditional, they only get a commercial lease, if they get permission from ofsted. The tenants have been on a residential lease for the last 3 years, if theyre saying according to the collaterol agreement they should have been on a commercial lease, after they got permission from ofsted, as in the collaterol agreement they should file a contract dispute & sue.
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lol yep.
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Thanks, The property is Tax band E Mixed use No The mixed use is interesting, Mixed use property - a property can have a domestic or mixed use, as it says no.
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Ah, sorry about that, the thing is I didnt know what I should post. I would have posted about the collaterol agreement, but I was told the collaterol agreement was useless as we have no commercial lease with the tenants. So to summarise, its important to note I didnt know what the claimants were saying, before I created this post. All I had was the N24, after rummaging around my mothers paperwork, I came across a letter from their solicitor pre-dating the N24, claiming we had a commercial lease with them, because of the collaterol agreement. Basically the claimants are saying we have a commercial lease with them, because of that collaterol agreement. But we have no commerical lease with them, only a residential contract. Again I wasnt aware of the letter from their solicitor to our solicitor, prior to making this thread.
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Erm I'm not being shady, I'm just making sure I give you the full picture The problem is, my mother is stating the agreement is a fake, as she's never seen that form before, but we dont have the funds to do a forensics on the contract. So for now we've decided to challenge the particulars of that collaterol agreement, so yes for all purposes, she has signed the collaterol agreement. Again there are also alot of problems with the collaterol agreement, I'm checking my notes so I can give you a full picture & I'll post those in a few minutes.
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One sec ganymede, I'm checking my notes on the collaterol agreement ...
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