Page 584 - FINAL MASTER 616pp 20-6-19

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in THe WesT London CoUnTY CoUrT - Case No: [ ]
Mrs MiCHeLe HiLLGArTH - Claimant
versus
MiTre HoUse MAnAGeMenT LiMiTed - First Defendant and
pAUL BroWn-ConsTABLe - Second Defendant
and
seGAr KArUpiAH - Third Defendant
and
JAMiL rAJA - Fourth Defendant __________________________________________________________________________________
pArTiCULArs oF CLAiM
__________________________________________________________________________________
More THAn THeY sHoULd. in 2017 MHML Were CHArGinG £4995pA in MAnAGeMenT Fees (FroM WHiCH Mr BroWn-ConsTABLe invoiCed And reCeived £3650)
in 2019 oUr neW AGenTs CHArGe Fees oF £7995
in 2017 MHML Were rUnninG And MAinTAininG MiTre HoUse CosTinG eACH Lessee An AnnUAL oUTGoinG oF £3000
in 2019 oUr neW AGenTs Are rUnninG And MAinTAininG MiTre HoUse CosTinG eACH Lessee An AnnUAL oUTGoinG oF £10,000
23. The consultation regime applies to “qualifying works” (section 20(1)), defined as “works on a building or any other premises” (section 20Za(4)). regulations set out the detail of the con- sultation requirements. Failure to comply with the consultation requirements means that, unless the landlord obtains dispensation from the Tribunal, a landlord can only recover the “appropriate amount” set by the regulations. This amount is currently £250 per tenant and is referred to below as the “statutory cap”.
A Considered response: MHML FoLLoWed ALL sTATUTorY LeGALiTies
24. The works approved by the leaseholders to be undertaken at mitre house pursuant to the 2014 project were “qualifying works”
A Considered response: MHML FoLLoWed ALL sTATUTorY LeGALiTies pArTiCULArs oF FrAUd And BreACH oF sTATUTorY reqUireMenTs
25. after a lengthy period of discussion and negotiation by mhml with the Claimant and other leaseholders in relation to the 2014 project, and after consideration of a number of different ten- ders, the scheme of work to be undertaken at mitre house, and the contractor to carry it out, was approved by the leaseholders of mitre house in a consultation notice dated 22 June 2014. 26. it was an essential term of the approved consultation notice that all of the refurbishment work would be carried out by the approved contractor, a building firm called ar lawrence and Sons limited.
A Considered response: As Advised To ALL Lessees And Mrs HiLLGArTH, THe sTATUTorY s.20 noTiCe dATed 22 JUne 2014 (As indeed on ALL previoUsLY issUed s.20 noTiCes) sTATed UnAMBiGUoUsLY THAT ALL CosTs “inCLUded vAT And Fees”
PleaSe reFer To aTTaCheD “AddendA/FUrTHer reFerenCes” iN SuPPorT oF argumeNT