Page 5 - 15_PBC to Begg_10-5-16 (11pp)

Secondly that there is no legal, Landlord & Tenant Act or not, obligation to comply if requests are not formally made within this six month period.
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Almost a perfect example of how we run Mitre House economically on every level and cannot be denied (save obviously by Mrs Hillgarth but somewhat more doubtfully now, also Flat 9, having given them indisputably accurate information as to market rates and averages etc). (ref: ZZZ)
4_The 2014 Accounts affair (namely Mrs Hillgarth’s accusations of herself or any other lessee having been refused a formal request to view the year ended 2014 Accounts within the statutory 6 months)
We can find no formal relevant request(s) from any lessee to view these 2014 accounts dated
30 May 2015 until Mrs Hillgarth’s email request on 17 December 2015 (email of 10th December was not a request to view) and again in your letter of 23 March 2016, both of which you will no doubt appreciate were both outside of the 6 month statutory period as per Mrs Hillgarth’s and everybody elses lease at Mitre House and as such we have no obligation nor legal duty to oblige despite your threats of court orders of disclosure etc, nefarious references to RBK&C etc etc. And this advice has come from a very professional source.
But as you are well aware, we did offer to comply voluntarily as per your request/demands in your 23 March 2016 13pp overly lengthy letter. This offer to comply and courier over the relevant 14 invoices (now only 13 as we will not be supplying the Keys’ supplier details for valid reasons as explained above) was made in our letter dated 1 April 2016 but as we now know, due to your inca- pacity with pneumonia, this letter was neither acknowledged nor re-arranged for Mrs Hillgarth to have taken delivery, a situation still awaiting a sensible reply as to why not?
Despite your negative and somewhat impertinent references as regards our management skills but most pertinently your misguided opinions as to my own personal abilities as a Graphic Designer, passing myself off as both a Managing Agent and not intelligent enough to request, absorb, comprehend and learn those areas I need to familiarise myself with to fully comply with my/our responsibilities, you will no doubt be interested in my most recent education, courtesy of, but at considerable expense for your client Mrs Hillgarth, our lawyers’ and other professional opinion and advice.
Firstly, the statutory six month period permitted for disclosure of the annual account/summaries/requests to view and copies etc. Six months from date of summary/accounts as per Mrs Hillgarth’s lease.
Schedule 8_pp17 (5)_The Lessor shall procure that there shall be open to inspection by the Lessee
during normal working hours during the daytime on reasonable notice in writing at the Lessor’s premises
for a period of six months following the date of the Accountant’s certificate the audited accounts for the preceding Maintenance Year and the Lessor shall further supply to the Lessee a summary of such accounts [we are though quite content to supply photostat copies on any rendezvous despite no obligation]
I think it already established that no formal request was made until Mrs Hillgarth’s somewhat informal request of 17 December 2015 to view documents from the 2014 accounts which were dated 30 May 2015.
This request was acknowledged (as established) and advised that due to the oncoming Christmas break, it was an inopportune time until the New Year. No further request/reminder was followed up until your letter of 23 March 2016.
I would welcome your comment as to why you threatened us with a court order for disclosure of documents in your letter(s) 23 March and 15 April 2016 and again from RBK&C’s Mr Belafonte, Tenancy Relations Officer, in his letter dated 22 April 2016 thanks to your referral and briefing him of the situation, or at least the situation as you considered it to be, which I think is now suspect, which Mr Belafonte might now agree?
If indeed you do reply (or Mr Belafonte concurs) stating categorically that we are still legally obliged given the information and dates above despite our insistence Mrs Hillgarth’s lease makes clear her rights and our obligations, we will still oblige obviously, and promptly with the requested paperwork.
We will though also be referring Mrs Hillgarth’s breach of lease covenants to the courts for an Order for Specific Performance as opposed to issuing forfeiture proceedings which as you well know would be very difficult due to our having waivered by accepting her Service Charges and supplying her with annual accounts since 2012. Naturally, if she does not comply with the court’s order, then most likely some form of retribution or indeed forfeiture might still ensue. Who knows with British law these days?
Meanwhile our costs and fees are rising at an alarming rate now approaching 50 hours of research in