Page 2 - 6_PBC to Begg_1-4-16 (4pp) Compliance
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Despite this somewhat ungentlemanly behaviour, I thoroughly reject your assertions that MHML is unfit to manage. We have, since taking office on 1 January 2012, done an exemplary job in reducing costs with no reduction in services and an increase in attention to detail on all aspects of Mitre House.
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That attention to detail is one aspect that Mrs Hillgarth finds intrusive as is evidenced by her refusal to comply with the terms of her lease despite numerous requests for her to do so. You will note a letter from our previous agents dated 29 April 2009 [some three years prior to MHML’s tenure and, as of today’s date, some seven years later]. Requests such as these are not welcomed by Mrs Hillgarth, whosoever might be the agents, the landlord, freeholder and most certainly not myself, whom Mrs Hillgarth considers to be the Devil incarnate.
Your assertion that MHML cannot be both principal and agent is something I readily admit to being totally ignorant of and must accept on face value your obvious legal and professional integrity in this respect until such time as it’s proved otherwise. I can, though, totally refute any suspicion that my mooted daily charge of £7.50 for being on site almost 24/7 is charged directly to the Service Charge account. My £7.50 stipend is invoiced quarterly to my [our] company and paid to me personally and advised accordingly on my Tax Return.
I can confirm that Management Fees (ours or other agents) charged by our company for providing my services and all other services for the good running and maintenance of Mitre House on a daily 24/7 basis, have always been a cost to the Service Charge account and have appeared firstly, in full, on the pre-annual published draft Budget [for lessees’ approval] and secondly, listed at cost in the annual Service Charge year end accounts.
If, as you are affirming, that MHML cannot be both principal and agent and cannot charge fees for their efforts, then I will in future personally, as Paul Brown-Constable/Concierge, invoice the Service Charge account for my appropriate daily rate unless of course Mrs Hillgarth and other lessees wish to perform the various duties [a list of which I will advise in my later letter], which MHML have conducted with such expediency, professionalism, integrity and competence since 1 January 2012, including dealing with Mrs Hillgarth’s ongoing concerns.
As regards all other aspects, concerns and queries raised in your 23 March 2016 letter, I will respond to each and every one hopefully by your deadline of Friday 8 April 2016 along with the original invoices [plus copies for your files]. In the meantime I can confirm that no dividends have ever been made to directors of MHML.
Again, I must bow to your professional integrity as regards [as you state in your recent letter dated 31 March] that you are not prepared to postpone proceedings for an order for inspection of documents, nor indeed for an order under Section 22-24 of the Landlord & Tenant Act 1987. Neither of which we hope is now necessary.
I would mention that one of the 36 odd emails/letters you quote from, namely that from me [with admittedly two inappropriate words to a lady for which I sincerely apologise - for this one instance] in reply to Mrs Hillgarth’s email of 29 September 2014, I do note that you appear [or Mrs Hillgarth does] to only quote the objectionable as opposed to just one of the remaining content’s relevance to the situation, namely as a good example:
PPS - the bet is still on.....my £2000 paid to anyone who can ask a query that hasn’t been answered some- where, sometime, most likely hundreds of times before... [ref: to Mrs Hillgarth’s constant repeat demands]
Note as well [to be substantiated] at least four requests from Mrs Hillgarth for the Surveyor’s Schedule Of Works for all tenders to be quoted against - with one email from me requesting if she was selling them? Add two requests of our Memorandum of Articles [July 2011], three requests for PIR (Electrical reports) and too many to count how many times she requested a breakdown [with detailed cost] of the various tenders received - she even did one herself....! And I can confirm all was published on our website, as was her effort (Wade x 2).
Once I have sourced the relevant emails (hence my request for an expeditious way forward) and documents, I will identify the relevant quotations to substantiate our responses in my further reply letter. Finally, I thank you for bringing to our attention some unacceptable vagaries including breaches of copyright on one page of our website which has now been removed and sincere apologies made to Canonbury Management.
Yours sincerely,
Paul Brown-Constable
cc Segar Karupiah, Dima International Ltd
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