Page 2 - STATEMENT OF CASE re-OCR s22_1

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First Schedule - Names and addresses of the leaseholders/tenants
Flat 1 - Ms Aneeza Siddiqui Hak
Flat 3 - Mr and Mrs (Maria) Leoni-Sceti Flat 5 - Mrs Michele Hillgarth
Flat 8 - Mr Christopher Leigh-Pemberton Flat 9 - Mr Diego and Susanna Fortunati
(Note that the leaseholders/tenants of Flats 2, 6 and 7 respectively are the three Directors of Mitre House Management Limited. The leaseholder of Flat 1 is believed to be resident overseas and has no substantive involvement in the matters referred to herein).
(comment/reply) I would welcome confirmation that the above leaseholder/tenants are in full compliance with this application as I have not received any written notification they are.
Second Schedule - Grounds for the appointment of a manager:
1 Mitre House Management Limited ("MHML" or “the landlord"), which is the head lessee of the Prop- erty, is currently purporting to manage the Property on behalf of all the leaseholders/tenants at the Property, and to charge them for doing so. However it is questionable whether MHML or its directors are entitled under the terms of the leases to charge the leaseholders/tenants for carrying out the func- tions of a managing agent.
(comment/reply) All nine leases of Mitre House leasehold properties contain the following clause on page 16, Schedule 7 (Covenants on the part of the Lessor), clause 13: The Lessor shall employ a firm of Surveyors or Managing Agents (if considered by the Lessor to be requi- site) to manage the Property for and on behalf of or in conjunction with the Lessor or to assist and advise the Lessor of its obligations hereunder and to pay their proper costs therefor and for this purpose the Surveyors or Managing Agents may be company connected with the Les- sor or may be within the same group of Companies as the Lessor.
2 Neither MHML nor its directors have the qualifications, experience or competence to manage the Property (or any other property).
Further information outlined on the Third Schedule (Item 1)
(comment/reply) All four original Directors being of mature age were considered professionals in their field, two of whom are Chartered Accountants, one of whom, the respondent Mrs M. Hillgarth is a Property Developer, and all three mentioned own or manage multiple properties. The fourth director, Mr Paul Brown-Constable is a retired Graphic Designer.
Further information outlined on the Third Schedule (Item 2)
3 MHML purported to have qualifications and experience relevant to the management of the Property by making claims and representations on its website which were not true (these claims and representa- tions having been plagiarized from the website of a reputable property management company).
(comment/reply) Like many websites, it cannot be denied we did “borrow without permission” a lengthy listing of very boring conditions. We deleted the offending material and apologised profusely to the company for the list of conditions we had plagiarised and it was gracefully accepted and the end of the matter. It is, one regrets, an endemic online crime worldwide.
Further information outlined on the Third Schedule (Item 3)