Page 417 - FINAL MASTER 616pp 20-6-19 SOUND

-3- In your letter dated 10 August 2016 you request/demand: 1. MHML should within 30 days by notice to all the leaseholders resign in writing from the management function at Mitre House, and appoint Smith Waters, a property management company of 4, Panton Street, London SWIY 4SW, whom failing Best Gapp, chartered surveyors of 81, Elizabeth Street, Eaton Square, London SW1 9PG as the professional managing agent for the Property or such other professional managing agent as may be agreed with the leaseholders, such appointee to have the appropriate qualifications, training, skill and knowledge to carry out the role. 2. Within 30 days provide detailed breakdown of expenses incurred in relation to the substantial refurbishment which took place in the last quarter of 2014, making available the original invoices from suppliers, and providing details of any payments made to MHML or to directors of MHML in respect of work carried out (or purported to be carried out) by them. 3. Within 30 days repay to each leaseholder the amount charged by MHML to that leaseholder (to the extent it exceeds £250) in respect of the said refurbishment. 4. Within 30 days repay to Mrs Hillgarth the sum of £2,582.74 which was improperly charged to Mrs Hillgarth in respect of the "Right to Manage" application formerly pursued by Mitre House RTM Company Limited, and which was fraudulently converted by MHML. 5. Arrange for the repainting, at its own expense (and through proper professional decorators), of the common parts of the Property with the internal colour scheme - white and taupe - originally approved by the leaseholders. 6. Within 30 days comply with the proposal by Royal London Insurance Limited (through their solicitors Macfarlanes) to issue shares to those leaseholders at Mitre House who do not presently hold shares in MHML, such that the issued share capital of MHML will become £9, consisting of 9 Ordinary Shares of £1 each, and such that one Ordinary Share of £1 in MHML will be held by each of the nine leaseholders at Mitre House. 7. Within 30 days all current directors of MHML must tender their resignation in writing from the board of MHML, to be replaced by such other leaseholder directors as the remaining leaseholders may nominate. 8 Within 30 days take down the MHML website at (http://www.mitrehouse.com/mitre-house-managementlimited. html) This was subsequently followed by another set of demands in your letter dated 9 December 2016 Settlement Proposal In a final attempt to save my time and your expense by bringing this matter to a conclusion without court proceedings, I am authorized to confirm that Mrs Hillgarth is willing (a) to release you and your co- directors from all civil claims against you in respect of matters arising prior to today's date, and (b) to waive any claim against you and your co-directors for her legal fees in this matter, and (c) not to press criminal charges against you or your co-directors, provided that the following outcomes can be achieved: (a) Change of Management This could be accomplished if the existing directors of MHML (ie now just Dana \[Dima\] and yourself) will tender their resignation in writing from the board of MHML, to be replaced by such other leaseholder directors as the remaining leaseholders may nominate, and by complying with the proposal made to you by Royal London Insurance Limited through their solicitors Macfarlanes. This involves issuing shares in MHML to all those leaseholders at Mitre House who do not presently hold shares in MHML. Thus the issued share capital of MHML would become £9, consisting of 9 Ordinary Shares of £1 each, and one Ordinary Share of £1 in MHML will be held by each of the nine leaseholders at Mitre House. Once this has happened the leaseholders can make up their minds how they wish the block to be managed in the future and by who. (b) Redress for Mrs Hillgarth The sum of £2,582.74 which was improperly charged to Mrs Hillgarth in respect of the ”Right to Manage" application pursued by Mitre House RTM Company Limited should be released and credited to her share of shareholders funds. To the extent that money has been used to pay you personally you would obviously need to reimburse the company. (c) Compensation for Leaseholders Each leaseholder should be repaid or credited with their due share of the amount charged by MHML for the unap- proved work carried out in the course of the refurbishment by yourself and your sub-contractors.