NSW Unsigned contract

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Dfc007

Member
26 February 2022
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Hello, my question is what legal process do I need to start after my landlord gave me two weeks notice to leave without any warning.

I’m a farmer, who is leasing 1ha certified organic land in NSW for the past 13 months. I drafted a leasing contract and met with the landlord on 3 occasions to talk through the detail of the contract over a two month period, we verbally agreed and I moved onto the land and have been subjected to conditions stated in the contract for a period of 12 months. I live on the land and started producing fruit and vegetables, but at small quantity as I have been testing my processes, recording and evaluating my results so that I can produce fruit and veg at scale in a cost effective way. I was hoping to plant $25k of garlic next week.

The contract was never signed by either party and I have asked the landlord over a 12 month period I need the contract signed before I can invest in infrastructure to produce at a commercial scale, she just kept putting it off.

Now I am being asked to leave, without warning, two weeks notice, I have crops and young trees in the ground, a propagation house full of seedlings and the landlord refuses to acknowledged the contract. And now the landlord has cut off my fresh water supply to my horse and I.

From what I’ve read, the fact the contract was considered, changed, verbally agreed, adhered to for a 12 month period, conditions in the contract were referred to by the landlord, I have a strong case to challenge to notice to leave by saying a contact is in place and conditions of the contract are not being followed in relation to issue resolution.

I have received no warning from the landlord, we were in negotiations for my business to take over management rights of the whole farm (camping grounds) when I backed out of the deal because the landlord was not willing to share past p&l statements, within three days I was being given 2 weeks notice to leave or police will be called.

I have never missed or been late in paying my weekly lease fee.
 

Rod

Lawyer
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27 May 2014
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Go see a local lawyer.

They need to read the unsigned contract, I'm unclear about the type of lease and the term of the lease but a local lawyer will be better placed to assist you.