Lease question; one person under 18...

[teamjoel]

Hi,

I've got a question regarding a commercial tenancy lease. 3 of us entered into a commercial lease to rent shop premised; at the time of entering contract one person was under 18 years of age, however he signed the lease on his own behalf.

This is taken from the lease:

This lease is made the 24th day of April Two thousand and nine BETWEEN (1) X of X address (Landlord) (which expression shall where the context admits include the person for the time being entitled to the immediate posession of the demised premises on the expiry of the term) and (2) X and X of X address and X of X address (the tenant) (which expression shall where the context admits include the person for the time being in whom the tenants interest under this lease is vested)

Does the fact that one of the tenants was under 18 at the time of contract make the contract null and void?

many thanks

 

[Billmccallum]

The simple answer is NO.

Someone under the age of 18 can sign a contract, but because of their age it can't be enforced.

I would add that the other parties would still have to honour the contract.

 

[teamjoel]

Would the fact that all parties are held as a collective (i.e. the Tenant) not have a bearing on this?

Am I wrong in thinking that the person who was under 18 at the time of contract has the right to void the contract in its entirity?

Regards

 

[S-Marketing]

Reckon you and your mate may now be liable for the lease.

 

[Billmccallum]

Would the fact that all parties are held as a collective (i.e. the Tenant) not have a bearing on this?

Am I wrong in thinking that the person who was under 18 at the time of contract has the right to void the contract in its entirity?

Regards

If the parties were not a Ltd Co. then it would be classed as a partnership (even without a formal partnership agreement) and each partner would be liable for all the debts, with the exception of the under 18 year old, who cannot be chased due to the age.

 

[teamjoel]

Thanks,

Does it have any bearing that the under age party has since turned 18?

 

[Billmccallum]

Need to ask an expert on that one.