Page 132 - FINAL MASTER 616pp 20-6-19

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Michele Hillgarth is maintaining that she never uttered “well then everybody will be happy” (but has not denied saying “will be used for something else”) and that “well then everybody will be happy” was illegally added, resulting in her Solicitor arranging for a sound engineer’s analysis maintaining it had been added? It was NOT!
MHML supplied two sound engineer’s analyses confirming it was not added nor edited and almost impossible to add “comments’ as music was playing in the background, something which Michele’s analysis failed to identify and in fact Michele denied music was playing and also stated she did not recognise the man’s voice on the tape, that being her co-director and neighbour for 20 years, Segar Karupiah and in attendance with myself and Michele at the meeting for the full 7 hours?
It will not come as any surprise that MHML and indeed Michele deny any fraudulent use of your money as she, too, was in total agreement to making savings, (“will be used for something else”, followed by “well then everybody will be happy”) anyway we could, and to use (not refund, but use) those savings to progress works not in the Schedule of Works (or could be done cheaper) that we could not initially afford - anyway we could! Which is exactly what we did very successfully, including using the expertise of MHML personnel on some works.
As you will appreciate, it would appear that like the RTM 25% ruling, Michele’s memory is again suspect as to what she agreed at the meeting and who was at the meeting on 23 May 2014 resulting in accusations of fraudulently spending your money saved from the £105,000 budget on interior items not in the Schedule of Works due to their unaffordability. All of course well documented with relevant receipts and invoices, from and to, all suppliers.
You may not be aware but MHML offered on two occasions in late 2016 & early 2017 to resign our position as Management at year end 2017 (due to changes in the law requiring Agents to have professional qualifications as opposed to simply common sense and we had come to the same conclusion which the First Tier Tribunal subsequently confirmed) and we offered to donate, not sell, but donate the Head Lease over to Michele and lessees. Both these offers remained ignored and unacknowledged by Michele and her Solicitor.
The result of which was Michele’s application to the First-Tier Tribunal where we made no comment to the multi- tude of ridiculous accusations levied against us, save for requesting of Michele whilst on oath, if she had indeed sourced quotes [three] from her preferred contractor, Wade, and indeed had she uttered the words “well then everybody will be happy” at the 23 May 2014 meeting. It is on the Tribunal’s records that she denied both queries on oath, namely sourcing quotes from Wade and saying “well then everybody will be happy”.
Consequently, the First-Tier Tribunal took no notice of the alleged allegations and simply and rightly considered "relations between the Applicants (Michele and allied lessees) and the Landlord (MHML) had irretrievably broken down" - as no doubt you’ll appreciate from your correspondence with Michele, that relationship was specifically simply between myself and Michele due in part to our (MHML) insistence she complies (as a Director of MHML) with her lease covenants - which predictably she has partly now been required to do and indeed done [per- mission to sub-let] since the appointment of our new excellent Agents, [admittedly at some considerable additional £1600 annual outgoings for all lessees to date], Maunder Taylor.
And finally, to allay any doubts, MHML did decide on the colour scheme, Caribbean Dawn and Waiting Room Green (both typical 1930s decors) and a bronze lift as opposed to that proposed by Michele and her alleged majority for white and taupe (grey) and a black lift, as it was made quite clear on numerous occasions that "those lessees that do not live at Mitre House were not about to decide a (totally inappropriate) colour scheme for those that do permanently reside at Mitre House 24/7 including their sub-let tenants”, the majority of whom very much like and agree to the new [2014] decor and regret the decommissioning of all artworks, artefacts and topiary from the communal areas as requested to be done by Michele to our Agents.
If indeed you prefer white and taupe (grey) over Caribbean Dawn and Waiting Room Green and a black lift then you have the opportunity to do so on the next internals works scheduled for 2020 - and you can be assured that no effort will be made to reduce costs, nor use of my competence utilised and the best of British Luck.
Yours sincerely,
Paul Brown-Constable/Chairman “Internal Management” cc/ various