Page 17 - STATEMENT OF CASE re-OCR s22_1

against a dividend which should have been payable to Mrs Hillgarth by MHML.
Mrs Hillgarth did not cash the cheque for £67.26 which Mr Brown-Constable sent her. That would have been to accept an unlawful offset, which she was not prepared to do. The amount offset against her dividend has never been repaid to her.
(comment/reply) Mrs H. Hillgarth (applicant) owed MHML for fees ad costs incurred whilst defending her RTM application and was duly debited that amount quite fairly after due warning.
17. Breaches of the Code of Practice
The facts outlined above highlight multiple breaches of the Code of Practice as follows: Section 3.1
Section 3.2
Section 3.4
Section 3.10 Section 3.20 Section 3.22
Section 3.26 l_c
Section 3.28 Section 4.1
Section 4.5 L
Section 4.7 Section 4.12
No procedures for client money to be held separately and in trust.
No written management contract/ terms of engagement with MHML.
No periodic health and safety or fire risk assessments as required. Memorandum of standard charges not pro- vided (the plagiarized memorandum previously provided on the website having been withdrawn).
No fair policies/procedures for dealing responsibly with management matters. Failure to observe terms of leases and to comply with law.
Failure to respond promptly/suitably to reasonable requests for information Misleading of tenants contrary to the Code of Practice.
Communications with tenants not accurate, clear, concise and courteous as required
No health and safety policy or risk assessments No registration under Data Protection Act
No professional indemnity insurance or fidelity insurance provided.
No dispute resolution procedures or policies for handling tenant disputes. Harassment of tenants contrary to law and to the Code of Practice.
No separation of client/tenant money.
No separate client/ tenant bank accounts.
No notification of client/tenant bank account details. No records to show dealings with client/tenant money.
Section 6.2
Section 6.6
Section 7.4 Section 7.7 Section 7.11 Section 7.12
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