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Jeffrey Shaw

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Posts posted by Jeffrey Shaw

  1. Posted

    Thank you for plaudits.

     

    I agree that there's absolutely no point in contacting Coppen- and its associate PAS Property Services Ltd- by post (with or without an SAE) or telephone or an attempted visit to its premises. Rely only on using statutory rights as explained at inordinate length on the PROPERTY forum [which seems to have vanished!]

     

    Jeffrey Shaw, Solicitor and Sole Principal

    Nether Edge Law, PO Box 3439, Sheffield S11 8NH

    Telephone/fax: 0114-268 7638 or 0845-108 0109

    E-mail: [email protected]

    • Like 2

  4. Posted

    On 28/03/2024 at 07:45, Pyrotequila said:

    I think the resentment is more the whole "you MUST pay this fee, even if you don't use the service, or we will fine you/ send you to prison" thing.

    No. If one does not use BBC services, one does not have to pay for a TV licence.

  5. Posted

    I've hunted it down. See s.137 of the Local Government Act 1972 as amended.

    https://www.legislation.gov.uk/ukpga/1972/70/section/137

     

    It's headed

    137. Power of local authorities to incur expenditure for certain purposes not otherwise authorised.

     

    (1) A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of, and will bring direct benefit to, their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure—

    (a) for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment; nor

    (b) unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred...

     

    (4) The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying—

    (a) such sum as is for the time being appropriate to the authority under Schedule 12B to this Act, by

    (b) the relevant population of the authority’s area...

     

  6. Posted

    But Councils already have this power. A small amount (it used to be 1% or 2%, I think) of their total revenue could be freely spent on purposes for the benefit of their residents. As far as I know, this is still in force.

  7. Posted

    Let's look at ultra vires. Put simply, this phrase means 'beyond [one's legal] powers'.

    So it limits the power of an artificial legal entity (e.g. a company, local authority, etc.

    The entity's powers are set-out when it is incorporated.

    Any expenditure extending out from those powers is unlawful, for instance.

    So The Sheffield City Council cannot make bye-laws for Rotherham, nor London, nor anywhere other than Sheffield.

    That being so, why do the Council feel impelled to opine on foreign affairs? Even the devolved administrations in Scotland/Wales/NI (which have far greater powers than a Council) have territorial limits to legal competence!

    • Like 1
    • Thanks 1

  10. Posted

    1. The Leasehold Reform Act 1967 gives the tenant (leaseholder) of a house the right- after two years' ownership- either:

    a. to buy the freehold reversion; or

    b. to extend the lease by 50yrs.

     

    2. So your predecessor's lease extension, adding only 25yrs., was not a statutory extension at all.

     

    3. So nor does s.16(1)(b) of the Act, which prohibits a second statutory lease extension.

  11. Posted

    On 15/02/2024 at 23:23, vipguy said:

    Hello

     

    I am currently buying a new home and have been asked to provide the source of funds under the "Money Laundering Regulations".  As the house was sold in 2020 I have lost the details of who was the lawyers or estate agents dealing with it.

     

    Does anyone know how I can find this information?

     

    Thank you for any help!

     

     

    Best way: go direct to HMLR. They will have these details (except Estate Agents').

    Start at https://www.gov.uk/search-property-information-land-registry

    (Beware: there are copycat websites that look like the real thing!)

  12. Posted

    1 minute ago, Resident said:

    The Electorate. 

     

    2 minutes ago, Grumpycatweasel said:

    Who gave the council the power to regulate road users 

     

    nobody gave them power. 

     

    1 minute ago, Resident said:

    The Electorate. 

    Er, no. 'The power' conferred by law comes from the Local Government Acts- hence from Parliament and the Crown.

  20. Posted

    It's not really up there with Atlantis, I agree, nor is/was it a city at al- but it was included in an online BBC 'News' item today!

    See https://www.bbc.co.uk/bitesize/articles/z8k33j6?at_mid=PdhE1EUU6Y&at_campaign=Five_underwater_cities_from_around_the_world&at_medium=display_ad&at_campaign_type=owned&at_link_origin=promo_box&at_audience_id=TV&at_product=bitesize&at_ptr_name=bbc&at_ptr_type=media&at_format=image&at_objective=consumption&at_link_title=Five_underwater_cities_from_around_the_world&at_bbc_team=BBC

  22. Posted

    It's proposed to merge the County Mayor with the Police and Crime Commissioner.

    At least this might reduce admin costs, although I'm unconvinced that either post is needed at all.

     

    (I'd prefer the Mayor or combined post to be a REEVE, too.

    There is at least a historical basis- 'shire reeve' became 'sheriff', you see).

  25. Posted

    There's no 'actual formula'. The price is based on various factors including unexpired lease term, ground rent, any rent increase mechanism in the lease, the property's open-market value, and interest rates.

     

    However, for some general guidance, see the Leasehold Advisory Service website:

    https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=62

     

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