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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Approx 3 years ago I set up a local dance practice at the local

Resolved Question:

Approx 3 years ago I set up a local dance practice at the local village hall where I live. When I first set it up - we struggled for numbers and often I paid the rent from my own pocket. A few of the people coming also contributed to keep it going. When one of the couples said they would help by taking a class I was appreciative, as they certainly could not be paid. Then because of their imput, together with another local organiser closing - the numbers started to increase As time went on there was a bit of money in the kitty and so I shared it with them equally - not much - maybe £100 here and there.
I also allowed them to express their desires about how it was run and mostly I went along with it. Although I put out most of the publicity, the other couple also did a little bit - and sometimes ordered flyers etc together with their class preparation which would take alot of their energy. Then... on several occasions starting about a year ago - they did not agree point blank about some things I wanted to do - such as allowing outsiders along from time to time for some variation. They wanted to keep it all in-house. Recently there accumulated £1000 in the kitty and so we have just bought some speakers and lights and insurance.
Now we have fallen out - as they said some personal insulting remarks to me.... and have stated clearly they think their input into the practica gives them the right to make the major decisions. We agreed we cannot work together and have different visions and so I asked them to leave. They have refused and now I rashly said I would leave.
They came into the practica when it was already established albeit not successful - and before them, there had been another professional teaching couple and when they left I continued to advertise through their advertising sites and still do. Many people think that my practica is affiliated to this original couple.
I have been negligent in allowing them too much freedom to do what they like and now they think they own the practica. Do they?? My name is ***** ***** Hall Lease and I started it up.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you set it up as a club or partnership, or are you a sole trader?

Customer:

Neither - it was not set up as a business - an informal event - if anything I would call it a club. I am a sole trader as my profession (florist). This is not related to the dance practice. If I continue with this event then I wil be including the asset and small benefit as self-employed earnings There is no formal agreement between the parties. It has been an evolvement of distribution of duties.. Thanks

Alex Watts :

So the £1,000 whose account is that kept in please?

Customer:

there is never any cash - no account - we plough the money back into the practica - we just bought a sound system for £700 and lights for about £350. We regularly hold free events - and any left over cash is kept in a tin - currently the other party are holding about £200 which is for food for a free event in November and for rent in advance.

Customer:

I have just been to the institute and have a copy of the original contract which states my name - and i must give 1 month notice and also cannot sublet. So. I cannot transfer to them even if I wanted

Alex Watts :

Ok -so who brought the equipment?

Customer:

the other party used their personal debit card/credit ordered over the phone and then re-imbursed themselves from the cash in the tin. The other party then went by car to collect

Alex Watts :

Ok. But is it your club or do they own part of it as well?

Customer:

I think that I own it as I started it and continue to advertise it and be there on a weekly basis, providing tea, biscuits etc. They are the teachers, but I use MY mailing lists to attract people. They provide music and some admin. So.... they perceive that because they spend more hours organising the event - that they are now able to veto my decisions. I want to keep the event and run it without them now.

Customer:

there has been no formal ownership - because i always thought it was mine - and would not have considered to give it over to them. they came along after it was already established and filled a gap that was necessary and then took this to be they had some rights of ownership in the sense they can make decisions without me.

Customer:

Ownership is the problem and that is my question to you. What constitutes ownership of this event.

Customer:

More than anything I want the space and night - to which I have a contract for, with the Village Institute. Also, who owns the equipment.

Alex Watts :

Ok - but you have been running it, taking bookings etc?

Customer:

Bookings are not taking - people just turn up - there maybe 0 people arriving or 40 or whatever. But usually about 20 is average. Until this summer, when I went on holiday, maybe a little before - I was responsible for the advertising which is done via facebook and an email mailing list. The email list belongs to me and another colleague (who is not involved in the practica). The parties I am in disupute with - do not have access to this. But.... recentlyl....... we both put out the publicity via fb, but the other party only occasionally. This is a weekly event. Until summer when I went on holiday, I passed over the cash from the tin to the Village Institute personally. September and August were passed to the Institute by the other party. Yesterday, I paid from my own pocket for the month of November in advance. I have the contract with the institute in my name since 2011. The other party do help run it in that they have taught there, but not always at my request..... and when I have suggested another alternative they have vetoed it. And I have gone along with what they say. Now they want the Practica to be run how they want. I do not agree. Tonight I am having a meeting with them and would appreciated your further comments soon. When we ordered the new equipment - we both together chose the items, but probably mostly it was their choice. When people become too strong with me I back off. This has been my mistake and now I want to take back my control. In a good way I hope.

Alex Watts :

OK - and what is it you want to achieve yourself as an outcome?

Customer:

I want to keep control and direction of the Practica. I want the finances to be solely my responsibility. I would like them to continue to make their input as teachers - but only when I decide - at the moment they want exclusivity. I will listen to their ideas etc but I want to make the final decisions.

Alex Watts :

Well it appears that everything is in your name so I don't think you need to worry

Alex Watts :

You own the lease, you own the club

Alex Watts :

They are not named on anything, they do not have control. They are not employed. This is not a club

Alex Watts :

You are in effect a sole trader, it is all to do with you.

Alex Watts :

So you have nothing to worry about

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

do i need to share any assets with them. Tonight there was an ugly confrontation, whereby they tried to take the equipment and in fact I allowed them to take the sound system until we sorted it all out - but it was very confrontational, and my friend wanted to call the police........

Alex Watts :

No, you do not need to share anything. They can take the sound system, but they are only borrowing it.

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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