Page 15 - 81_COURT ORDERS OCR _1-11-16 (from 8-8-16)
P. 15

being carried out, by whom, and at what cost, and how payment for those works was to be made over time. Not only did Mr Brown-Constable fail to answer those questions but he went so far as to block AR Lawrence from speaking to any of the leaseholders.
(comment/reply) already well covered in previous correspondence - repetitious and explained - We will rely on presentation of all correspondence to date including initial 23 March letter with comments attached, Draft Crime Report dated 12 July with comments attached, all with sup- porting documents to explain or deny as required.
13. Rudeness
Mr Brown-Constable's subsequent response to Mr Fortunati's considered and well-reasoned email speaks for itself. On 22 September 2014 he replied to Diego and Susanna Fortunati (copying a num- ber of other leaseholders): "Thank you for your predicted and anticipated emails of which has been covered in previous emails [actualIy it hadn't] and all of which indicate a total ignorance of good man- agement and Landlord & Tenant Act. [Actually the opposite is true; Mr Fortunati's e-mail demonstrates a good grasp of both]. I can't work out whether you are totally stupid or just retarded - I suspect both" "How about if we got lucky and you got run over crossing the road?" "Which word don't you under- stand in Pay up or Shut up?"
In a separate response to Mrs Hillgarth's e-mail of 29 September 2014 (also copied to other lessees) Mr Brown-Constable wrote: "In truth I couldn't give a rats arse whether the water tank gets replaced". His belligerence was such that on 30 September 2014 Mrs Hillgarth felt the need to be accompanied by a police officer when she attended at Mr Brown-Constable's flat to collect some keys. She had felt very apprehensive following his e-mail of 13 September 2014 in which he stated that "I've had enough of your duplicity and yes [referring to Mrs Hillgarth's visit the previous day] I slammed the door. I just don't trust you and in the present climate, it would not be advisable for us to be in contact unless oth- ers are present". Rudeness of any sort is never acceptable from a proper managing agent. Flagrant abuse of this kind borders on criminal harassment.
(comment/reply) already well covered in previous correspondence - repetitious and explained - We will rely on presentation of all correspondence to date including initial 23 March letter with comments attached, Draft Crime Report dated 12 July with comments attached, all with sup- porting documents to explain or deny as required.
14. Private Benefit - Mr Brown-Constable's own Flat
In the course of the refurbishment works it became clear that Mr Brown-Constable was having his own flat decorated at the same time. In view of the existing uncertainties about what AR Lawrence were doing (or not doing) the suspicion arose that Mr Brown-Constable's own flat was perhaps being deco- rated at the expense of the other tenants at Mitre House. Thus on 13 August 2014 Mr Christopher Leigh-Pemberton (Flat 8) wrote to Mr Brown-Constable to ask for his confirmation that there was no el- ement of personal benefit to him arising from the use of AR Lawrence as the contractors for the overall Mitre House project.
In his response of the same date, timed at 10.35, Mr Brown-Constable wrote: "even if I was using A&R Lawrence (which I am not) its none of anybody's business save mine". This was consistent with an e- mail timed at 7.45 on the same date to Mr Diego Fortunati (Flat 9), when Mr Brown-Constable wrote: "I am doing the works in the flat myself'. However both of these emails appeared directly to contradict his earlier e-mail to Mrs Hillgarth on 12 August 2014, timed at 5.54 pm, in which Mr Brown-Constable had written: "My flat is being done by Benitor and AR Lawrence after hours and weekends" (this notwith- standing that work is not allowed after 6pm).
15


































































































   13   14   15   16   17