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Final Internal Specifications are those as presented to date by the Management.
No Main Contractor can be decided upon until the legally required Section 20 notices are properly served on all Lessees. The same shall also apply for any confirmation as to the costs or for
any starting date.
Nothing can be confirmed by Lessees nor Management until Section 20 Notices are served.
The only relevant query that can be decided is the approximate maximum Budget to be allocated for Internals - which Management are insisting on being no more than £35,000 incl. VAT or
indeed a lesser amount.
Finally, it is Management's understanding that, it is a necessity to have 100% agreement of all Lessees to any final proposed Budget.
Any objecting Lessee to a proposed Budget over and above a minimum costing as required for Man- agement to fulfil it's legal obligations within the Head Lease should make their views known once all proposed Budgets are considered and a final one is recommended for comment by all Lessees.
Management's recommended Budget is a maximum £35,000 incl. VAT or a lesser amount.
Management also proposes that in the absence of a 100% agreement from all Lessees to any Budget proposed, including Management's £35,000 incl. Vat, Management will issue a Section 20 Notice stating the minimum requirements as required in the Head Lease and source quotes/estimates for Lessee's considerations in a second Section 20. (Folder_00 Item_74)
(h) In a letter from “MH’s” RTM Solicitors (Emms Gilmore Liberson) to MHML dated 2 July 2013 they advised:
Our Client: Mitre House RTM Company Limited (the “RTM” Company) and its members Mitre House, 124 Kings Road, London SW3 4TP (the “Premises”)
Section 20 Notice
As you are fully aware, the majority of the shareholders [“MH” and one other as secretary] of the RTM Company have voted in favour of the formation of an RTM. The RTM company's intention is to under- take the redecoration and refurbishment of the common parts appointing Wade Interiors‘
We are aware that in retaliation to the notice recently served upon you and the other leaseholders, you have served a section 20 Notice.
The RTM Company and each of the members listed jointly and severally hereby give notice that the works you have proposed are rejected. These works can properly and reasonably be postponed until the RTM Company has acquired the right to manage. It is right and proper, therefore for you to desist carrying out any of the works the subject of the Section 20 Notice.
Whilst under the Act you are to have “regard” to the wishes of the leaseholders given the fact that the majority of the leaseholders in the Premises are members of the RTM Company, and the acquisition of the RTM Company's rights to manage is very much a fait accompli, you are on notice that:
1. Should you carry out any of the works or engage others to carry out any of the works set out in your Section 20 Notice"other than Wade Interiors the leaseholders will have good grounds for refusing to pay their share of the sums claimed;
2. Any contract which you enter or sum of money which you expend in the furtherance or performance of those works will be deemed to have been incurred by you unnecessarily given the RTM Company's