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Finally, I would request of Mrs Hillgarth for the final time to agree to comply with her lease covenants. As previously advised:
ͅ Schedule 6_pp12 (15.1.2)_Not at anytime to grant an underlease of the premises as a whole without the previous consent in writing of the Lessor.
ͅ Schedule 6_pp13 (23)_The Lessee shall not keep any animal on the premises to which the
Lessor shall reasonably object in writing and upon receiving notice in writing from the Lessor
requiring him either to remove such animal or to take such steps with regard to the control thereof as the said notice shall stipulate the Lessee shall comply with the same within seven days of the date thereof. [previous tenant Ms Cheever kept cats of which you were fully aware - and like all your previous tenants has left a string of debts ref; the various visits of debt collectors we have entertained...]
ͅ Schedule 6_pp13 (24)_The Lessee shall not reside or use or permit any other person to reside in or use the Premises unless the floors thereof (including the passages) are close covered
with carpet and underfelt or (in the bathroom lavatory and kitchen only) linoleum or
sound absorbing tiles except whilst the same shall be removed for cleaning repairing or decorating the Premises or for some temporary purpose.
ͅ Schedule 6_pp15 (30)_The Lessee shall pay to the Lessor on demand all costs charges and expenses (including legal costs and surveyor’s fee) which may be incurred by the
Lessor in respect of the preparation and service of a Schedule of Dilapidations or under or in contemplation of any proceedings in respect of the Premises under Section 146 and 147 of the Law of Property Act 1925 or in the preparation or service of any notice thereunder
respectively notwithstanding that forfeiture is avoided otherwise than by relief granted by the Court.
ͅ Schedule 6_pp15 (36)_The Lessee shall at all times comply with the terms of the Head Lease so far as they relate to the Premises and to keep indemnified the Lessor against any breach thereof by the Lessee.
It is somewhat ironic that if your application for an order under Section 22-24 of the Landlord & Tenant Act 1987 were successful [although one feels that could have been attempted by Mrs Hillgarth’s previous Solicitors after the abortive RTM affair in 2013] almost the first duty of a manager would be to ensure full compliance with all terms of leases, leaving Mrs Hillgarth in pretty much the same situation as she finds herself at present.
I can envisage her correspondence already with the new manager! Yours sincerely,
Paul Brown-Constable
cc Segar Karupiah, Dima International Ltd
encl: your 23 March 2016 letter with comments
+ four items; 2_website pulls and Dorrington letter to support comments made + copy of my letter 1 April 2016
+ two copy emails, one proving statements made
re: Tenders/Schedules (yellow markings)
and one email history for confirmations dated 6 June 2014