Legal research

We have a husband and wife who negotiated to buy a commercial property. One month before exchange of contracts, they signed a lease over the property. The tenant signed the lease and the contracts of sale and purchase were then exchanged. The lease was signed by both husband and wife, but the contract of sale and purchase was signed by the husband and wife as trustees of a superannuation fund. We are looking for precedents which may allow for the invalidation of the lease on the basis that a) they did not sign the lease in capacity as trustees; b) the lease was signed by the tenant and the landlords - the husband and wife - before they were owners of the property; and c) the lease was signed in a personal capacity, but the contract of sale and purchase was signed in capacity of trustees.