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reply by email on 7th May 2019. In that email you confirmed that the plant pots were installed by a previous commercial tenant and that the key to the shed in the rear courtyard was included in the bundle handed over in 2017. We can confirm that we are not in possession of a key which would provide access to the shed in situ. Investigations were therefore made by us to determine ownership of the shed. In your email of 6 June timed at
14.56 you attached a pdf copy of an email sent from me dated 4 July 2018. We wish to draw your attention to the bottom of that email specifically “as managing agent, it is our duty to treat all leaseholders equally, and the policy is simply that nothing owned personally by a leaseholder should be kept outside of that leaseholders demised premises.” That is the same policy that we are applying here. With regard to the shed you have stated that these items were previously held in the basement but now held in the shed and belong to the building. A property cannot own personal property and therefore we suspect what you meant was that it was owned by the former management company. Please confirm. We want to know who owns the shed and who owns the contents, and if you are able to confirm that it does belong to the company (not the building) then that would be appreciated. Enquiries were made with the freeholder, JLL, who are unable to confirm that they provided consent to anyone for the shed to be placed in the rear courtyard. The head lessee, Mitre House Management company 2017 Ltd, have confirmed that they do not wish for the shed to remain in situ. In the absence of any consent or corroborating evidence that consent was sought, our client was left with no alternative but to arrange for the shed to be removed. The same enquiries applied to the plant pots to which arrangements have already been made for their removal. Arrangements are being made for a final notice to be displayed on the shed. Upon expiry of this notice, it will be for Mitre House Management Company 2017 Ltd and their agent, Strangford Management Ltd, to arrange for its removal.
With regard to your email of 15th May 2019 and the possibility of donating the plants to the Royal Hospital Chelsea, I was unable to confirm receipt of your email due to me being out of the office shortly followed by my annual leave but understand that
Michael did reply on 21 May 2019. Our letter of 3rd May 2019 did state that should no one be forthcoming in claiming ownership then the necessary arrangements will be made for them to be removed from site by ourselves from week commencing
13th May 2019. DBK Building and Property Maintenance Ltd were in attendance on
15th May 2019 in order to do so. I further understand that due to requiring the use of their van for their remaining jobs of that day, the plant pots were immediately disposed of. In the absence of being able to donate the plants, DBK offered to make a monetary donation to Royal Chelsea Hospital. Please note this offer still stands.
Email dated 6 June 2019 timed at 13:19
We have been informed that, when the order expires on 30 June, the Directors of the new head lessee company are going to instruct Strangford’s to take over the management of Mitre House. The terms of the lease state under the Sixth Schedule point 24 “The Lessee shall not reside or use or permit any other to reside in or use the Premises unless the floors thereof (including passages) are close covered with carpet and underfelt or (in the bathroom and lavatory only) linoleum or sound absorbing tiles...” whilst Schedule 6 point 1.2 covenants the Lessee to pay to the Lessor “any legal costs properly incurred by the Lessor in enforcing compliance of the covenants herein contained entered into by the Lessee”. This clause essentially means that in order for the Landlord to take enforcement action against another lessee who is in breach of their lease they will require either an indemnity on unrecoverable costs, or a security to be paid before the landlord takes any enforcement action against the other