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(Folder_00 Item_5)
section 22.
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We would also advise that until such time as Mrs Hillgarth agrees with written confirmation from your goodself to comply, [and do as her lease clauses direct], with her well documented requirement to do so [including the attached copy from Dorrington dated 27 November 2006], we consider any further requests from her to be invalid, and we refer her to the clause in her lease which clearly states our actual statutory obligation:
Schedule 8_pp17 (5)_The Lessor shall procure that there shall be open to inspection by the Lessee during normal working hours during the daytime on reasonable notice in writing at the Lessor’s premises for a period of six months following the date of the Accountant’s certificate the audited accounts for the preceding Maintenance Year and the Lessor shall further supply to the Lessee a summary of such accounts.
(e)_in further letter dated 15 april 2016 from “mH’s” Solicitor to “PBC”, it states: I am currently in touch with the Tenancy Relations Officer at Kensington and Chelsea who will, if necessary, issue the appropriate order under Section 22 of the Landlord and Tenant Act 1985 for inspection of these invoices. (Folder_00_6)
(f)_in a letter dated 22 april 2016 from S. Belafonte at royal Borough of Kensington & Chelsea (“rBK&C”) to “PBC” he states: I have been approached by a solicitor who I understand is acting on behalf of one of the leaseholders, Mrs Michele Hillgarth, alleging that requests have been made to yourself in your capacity as one of the directors of the management agents and also copied to your fellow directors. The requests have been for a summary of service charges in accordance with section 21 of the aforementioned act and substantiation of those charges in accordance with
According to the information I have been provided with requests have been made for the information in December 2015 and the final request being made by the solicitor March this year. I also under- stand that further requests have been made by other leaseholders as well without success. (Folder_00 Item_7)
(g)_in our reply to rBK&C dated 27 april we wrote: We have never refused to supply any documents to anybody nor any lessee pertaining to any aspect of our management of Mitre House SW3. (Folder_00 Item_8)
(h)_in a letter dated 11 may 2016 to “PBC”, “mH’s” Solicitor writes: I note that you are now raising a technical defence to justify your refusal to hand over these invoices, which have been requested on more than one occasion (and by leaseholders other than Mrs Hillgarth). (Folder_00 Item_9)
(i)_in a letter from “rBK&C” to “PBC” dated 26th may they write: As I understand the first re- quest was made for information September 2015 with further requests being made in December [2015]. In addition to requests being made for information by Mrs Hillgarth, I am also informed that further requests have been made by other leaseholders who are also complaining that they have been denied the information. (Folder_00 Item_10)
(j)_in a letter from “PBC” dated 10 June 2016 to “mH’s” Solicitor he writes: Further to my meeting with Mr. Belafonte, RBK&C, Tenancy Relations Officer on Wednesday 8 June, I would welcome some clarification on the various points we discussed in some detail during our one hour discourse.
As you will recall from my letter of 28 May 2016 (copied to Mr. Belafonte) I stated that I would be making it abundantly clear, with irrefutable proof which you have already been supplied with, includ- ing that supplied well prior to your initial request to Mr Belafonte) that information obviously supplied to you by Mrs Hillgarth and then repeated by you in correspondence to date to me is nothing short of a pack of lies. Is it or is not already established that no request was made by Mrs Hillgarth nor any other lessee until Mrs Hillgarth’s email request on 17 December 2015. That is a date 17 days outside of the statutory 6 months available to her under the terms of her lease and under the terms of the statute as you are more than well aware.