Page 368 - FINAL MASTER 616pp 20-6-19

10
Change of agreed decor
38 It had been agreed by a majority of the tenants as part of the Section 20 process that the common parts would be painted white and taupe. However Mr Brown-Constable subsequently had the common parts of Mitre House painted green and red, which had never been approved by the leaseholders. It was the "funky/edgy" colour scheme he had wanted from the outset, but which was absolutely unac- ceptable to the majority. And in my view some of the workmanship is of a very poor standard. Again it seems to me fraudulent, in the absence of a proper explanation, to take the leaseholders' money on the pretext that it will be used for a purpose they have approved, and then to use it for a purpose they have not approved. In this case the work was done to please only one leaseholder (himself) rather than eight.
(comment/reply) what majority - non existed - what works were not required? (see Wade & Hemi quotes you arranged) all comprehensively covered in previous correspondence.
39 On 22 September 2014 Diego Fortunati (Flat 9) wrote to Mr Brown-Constable a very clear and (in the circumstances) very polite e-mail asking (inter alia) who was actually carrying out the internal and ex- ternal works? Why had Mr Brown-Constable unilaterally changed the scope of works originally ap- proved, imposing works none of the lessees had agreed (the replacement TV aerial) or which Mr Brown-Constable had originally excluded (the lift), but now asking for additional funds? Why was he disposing of the leaseholders' reserve funds as if those were his own money? As Mr Fortunati correctly stated, Section 20 is there to protect lessees and it cannot be circumvented by changing works and contractors at one's leisure. He told Mr Brown-Constable that he had no authority to dispose of the leaseholders' reserve fund for works outside the scope of the section 20 Notice, unless there were ur- gent contingencies.
(comment/reply) all comprehensively covered in previous correspondence - emails supplied to date evidence Mr Fortunati’s expectations of additional internal works outside of the Schedule of Works!
Rudeness and abuse
40 Like the other leaseholders, Mr Fortunati struggled to understand how Mr BrownConstable could be generating savings without changing the scope of the works or changing the contractor. He enquired of Mr Brown-Constable whether AR Lawrence had agreed to do the same works for less. He wanted Mr Brown-Constable to share with the leaseholders a detailed schedule indicating exactly what works were being carried out, by whom, and at what cost, and how payment for those works was to be made over time. Mr Brown-Constable failed to answer these questions.
41 (comment/reply) he was answered - all comprehensively covered in previous correspondence
Mr Brown-Constable's response to Mr Fortunati's considered, reasonable and wellreasoned e-mail 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 email- all of which has been covered in previous em ails [actually 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 ?"
(comment/reply) I thought I was accused of not answering - all comprehensively covered in pre- vious correspondence with my apology for inappropriate language used, but by now the Tribu- nal will be appreciating some very extenuating circumstances in dealing with Mrs Hillgarth’s disruptive and devious manipulation of other lessees in pursuit of her own agenda which was due to her not getting her own way with a Wade quote of £219,000 - the “Pay up or Shut up" was exactly that, either pay your agreed contribution(s) or shut up complaining.”
42I was treated no better. In a separate response to my own e-mail to him 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". (comment/reply) true, by now I couldn’t nor could any sane person.