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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a local ametuer theatre group, we hire the local

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Hi, we are a local ametuer theatre group, we hire the local village hall for our rehearsals and performances. In 2003 the village hall management committee asked us to be custodians of the some dated stage lighting they had been given as they did not want to incur any costs relating to their maintenance, we agreed to be custodians of the lights and to cover all maintenaance costs and also agreed that any new lights purchased by us would be donated to village hall if we ceased to hire it. Over the last 13 years the original stage lights have become outdated and are in storage in the hall. We have purchased new lights and installed them at our expense, over £7,000 we also replace all light bulbs and carry out all maintenance at our expense. Another theatre group has now asked to us the village hall lights for performances and we have asked them to contribute a small some of £25.00 towards general maintenance and replacement bulbs. The village hall committee have said that we are entitled to,make a charge even though the lights were purchased by us. The lights in question are not the ones for which are custodians. Could you please advice to,our legal rights to,Charing for our own property. Thank you
Customer: replied 2 years ago.
Amendment to above, the village hall committee have said we not entitled to make a charge. Sorry for the typing error.
Hello my name is ***** ***** I will help you.I assume you mean 'not entitled' to charge?Alex
Customer: replied 2 years ago.
yes sorry that is correct they say we cannot make a charge for the use of the lighting
Customer: replied 2 years ago.
They have even suggested that if a charge was to be made to the other theatre group it should be paid to the village hall and that we should also pay a charge for the use of the lights, even though we have covered all costs for repairs and replacements for the last 13 years and have not asked the village hall to contribute in any way.
Do you have any written agreement with the village hall owners?
Customer: replied 2 years ago.
we wrote to them agreeing to be custodians in 2003 but do not have a copy of the letter, the village hall committee meetings confirm that we agreed to be custodians and that we would donate any new light fixture to the village hall ceased to use the hall. That is the only written details. We agreed to maintain and replace all light fittings at our cost.
Customer: replied 2 years ago.
Sorry typing error again the village hall minutes confirm that we agreed to be custodians and that we would donate new light fixtures if we as a group ceased to use the hall.
Ok. In that case I think its bad news. You did not have to replace the lights but you chose to do so. As such I dont think you can charge people for use if it. this is because it was your choice to replace them. In the absence of any agreement that says to the contrary I am sorry to say that you cant charge for the use.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honestCan I clarify anything for you about this today please?Alex
Customer: replied 2 years ago.
we advised the village hall that the old lights needed replacing, they stated that we would,need to fund this, this is documented in the committee minutes for the village hall meetings. Does this make a difference
Customer: replied 2 years ago.
We did have to replace the lights because they were no longer working. We have all the receipts for the purchase of the new lights. These lights belong to us, so surely we are within our rights to charge for their use?
Sadly not. You paid for them which is fine. But there is no contractual obligation that sadly allows you to charge for the use.If they agreed when you changed them you could charge that would be fine. But unless you told them when they were purchased then it was not in contemplation of them when it was agreed.I am sorry.Alex
Customer: replied 2 years ago.
We did advise the chairman of the committee, the village hall stage manager and the booking secretary that if another user wished to use the stage lights that we had purchased then we would make a charge.
Did they agree this?
Customer: replied 2 years ago.
Yes, they did. Also can you tell me if we can make a charge for portable lighting equipment that would remain our property if we left the village hall, that is not part of the custodian agreement?
Ok, in that case you can make a charge as custodians and you will have the benefit of these charges. It would remain your property even if you left the village hall yes.Does that clarify?Alex
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