Page 1 - 70_PBC to Begg (Nuts)_16-11-16 (33pp)

Paul Brown-Constable Esq; Flat 7, Mitre House
124 King's Road,
London SW3 4TP
7 November 2016
Dear Mr Brown-Constable,
Mitre House Management Limited
I acknowledge receipt of your letters dated 29 September, 20 October, 27 October and 1 November 2016 all addressed to me, and also a copy of your letter dated 17 October 2016 addressed to all the leaseholders at Mitre House.
(comment/reply): ....letters dated 29 September, (but only in reply to your’s of 23 September), 20 October, (but only in reply to your Preliminary Notice), 27 October (but only in reply again to your Preliminary Notice referencing Mrs Hillgarth’s 20pp Witness Statement) and 1 November 2016 ((but only in reply again to your Preliminary Notice with my Addendum) all addressed to me, and also a copy of your letter dated 17 October 2016 addressed to all the leaseholders at Mitre House,(which, due to no request from any lessee remained unsent - save for informing Mrs Hillgarth).
In your most recent e-mail to Mrs Hillgarth dated 25 October, which she copied to me, you mention that you are dealing with various problems at Mitre House (including drainage and leak problems) which require your attention. Having just completed an expensive refurbishment this sounds an unhealthy situation, and my client would like to know what precisely this involves, whether further expenditure is required and whether the other lessees have been advised. Please let me know.
(comment/reply): This again is a somewhat obtuse observation which was previously cov- ered in correspondence, namely that if your client, Mrs Hillgarth, considers any works requiring attention at Mitre House subsequent to the 2014 Works programme (in other words now two years after the 2014 works were finished) to be of an “unhealthy” or sus- picious nature, then I have no sane response but must rely on common sense from your- self to better advise her. The “unhealthy” works referenced have nothing whatsoever to do with Mrs Hillgarth, unless of course she has reported a concern or problem to Management (myself) and it has been ignored, which I somewhat doubt.
To revert to your correspondence with me, the point of the preliminary notice procedure in advance of an application to the First Tier Tribunal under Section 22 LTA 1987 is to particularise the matters of complaint, the matters capable of remedy, and the steps required to remedy them. You make no comment on the Fourth Schedule (ie as to whether you are willing to undertake any remedial steps without the intervention of the court) but from the combative
tone of your communications, I will proceed on the assumption that you are not prepared to countenance any of the steps specified in that Schedule. If l am wrong in this assumption you need to let me know, and very quickly.
(comment/reply): Please refer to my final comment on page God knows what of this reply?
PFC Begg
Solicitor
9th Floor,
Metro Building,
1, Butterwick, Hammersmith, London W6 8DL Tel: 020 8846 2705