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and who hasn't, as I will not go against the majority because unlike you I am a reasonable person. But I still fail to understand what this £2,000 is for . .”
72His final response to this at 15:19 the same day read as follows: "you are likely to be the only lessee not to pay the £2,000 arrears, and the tv install--- by this evening ... No worry--you're in deep trouble on both accounts --- your dish (or rather Stella's) comes down tomorrow and non-payment of arrears is something no doubt you are well aware of sorting [sic] from many of your previous tenants --- serious business with very unpleasant consequences --- add to that no permission to sub-let so any tenancy agreement is invalid (Stella will be pleased), uncarpeted throughout and also sublet in that condition (Stella having yet a stronger case to not pay rent) and a possibly contaminated water supply (if Stella approached her solicitor, not only would she be advised to no longer pay her rent till fixed, but she'd probably get back previous rental and deposit paid. ... 1 would not want to be in your shoes, Michele. Best find a computer and get your monies paid before Stella gets home this evening. Management have enough on you to call the Police ourselves No more, Michele --- it's over - OK.”
73 This was vintage Paul Brown-Constable --- but to his usual mix of sneering, intimidating, abusive, un- professional communications, full of half-truths and innuendos, he had now added a new and most un- welcome dimension of blackmail. His threatening manner had precisely the effect he hoped it would have. It shook me and upset me very deeply. I think many of the lessees, including myself, were so completely exasperated and exhausted with dealing with him that we failed to take advantage, within the prescribed period of six months from the date of the service charge accounts, of section 22 of the Landlord and Tenant Act 1985 to inspect the invoices supporting MHML's service charge accounts summary.
(comment/reply) Woweeee - not bad for someone who in para (6) said: “After buying the head lease we had another meeting at the same place, the Pheasantry, this time with one of the other two
directors (I cannot remember which one). Seems like her memory came back for 51 - 73 all covered in previous correspondence ad nauseam, ad infinitum which by now any Tribu- nal member will be surely realising exactly what we were having to put up with whilst attempt- ing to project manage a £105,000 works programme which required our (my) very close attention as I was attempting to keep all costs to a minimum and make savings wherever possi- ble so as to fund additional items not in the Schedule of Works - which against all the odds, I succeeded in doing.
The RTM company and the illegal offset of MHML fees
74 When MHML was first established I had been a shareholder and a director. I still remain a shareholder but, as I have stated, in the course of all the pandemonium described above Mr Brown-Constable and the two other directors of MHML still found time to remove me as a director of MHML on 18 September 2014.
75No doubt it was inconvenient to have someone on the MHML board who did not approve of the way Mr Brown-Constable was managing things and who was prepared to challenge him. But soon after he started to manage the block I began to realise what a mistake it had been to let him do so. Accordingly I had participated, along with other leaseholders, in a "Right to Manage" application submitted by a company called Mitre House RTM Company Limited. This was a special purpose company set up by myself and others to take over the management of the block from MHML, but unfortunately it tran- spired that we could not progress the application because the extent of retail space at Mitre House (as opposed to residential space) appeared to bar our right to do so.
76Mr Brown-Constable initially tried to charge the RTM company for his time in dealing with this applica- tion. This was unsuccessful, but Mr Brown-Constable then found a way to get this money off me by setting it off against a dividend payable to me by MHML.
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