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Who has the legal obligation for performing the 'landord''s covenants in my lease?

Headlessors

 

Concurrently with this section, see also:

This section is a perfect example of how the offshore domicile of 'off-the-shelf', 'paper companies' allow the owners to hide behind them – making a mockery of Landlord & Tenant legislation and, by facilitating their trading in a monopoly board game style, place leaseholders in the situation of not knowing who controls their home at any one point in time.

This is certainly my situation: I do not know who controls my home, and I do not know whether there is an entity with control over the whole block. Hence, I do NOT know who has responsibility for performing the landlord's covenants in my lease.

As I wrote under point 57 of my 3 June 2008 Witness Statement: "Under the L&T 1985 Act I have the right to know who controls my home. It is clear that, with no mechanism in place to control the residential leasehold sector, no matter how hard I try to get an answer to my question - at any one point in time - I will never know"

This is to be added to not knowing whether the individuals who control their home – including service charge monies, which can run into millions of pounds - have a criminal record / major incapacity, as there is no vetting system whatsoever on the suitability of an individual to be a landlord.

In my case, I know that the common denominator across the majority of the 'paper companies' associated with Jefferson House, Andrew Ladsky, is a criminal e.g. fraud, blackmail, harassment, use of scare, malicious tactics, breach of S.10A of the Landlord & Tenant Act 1987, Property Misdescriptions Act 1991 as:

(1) offences under these Acts amount to committing criminal offences;

(2) the Law Society's 'standard response' to my complaint against Cawdery Kaye Fireman & Taylor and Portner and Jaskel LLP was that their actions were perfectly acceptable because they had "acted on the instructions of their client" - Portner # 5.1 ; CKFT # 6.1 ; # 6.4 - and they have identified their client as being Andrew Ladsky

and, in light of his "instructions" since 2002, quite clearly, in "very serious need" of psychiatric treatment (My Diary - 15 May 2008)

Consider also: the undeniable proof that the threat of forfeiture and bankruptcy procedings, as well as court claims = FRAUD TOOLS - and that Andrew Ladsky has been the driver - see Advisors

Sections

(1) Emergence of 'Steel Services' Limited in November 1996...followed by a disappearance...then a reappearance... and now?

In a communication dated 21 November 1996 , Laytons of Carmelite, solicitors, London EC4Y 0LS (Advisors # 3 ), informed leaseholders that the head leasehold interest had been transferred from Acrepost Limited to Steel Services Limited - an " associated company of Acrepost Limited" .

The Land Registry property register dates the transaction at 22 November 1996

My lease is from Acrepost. At the time that Langhaven Holdings was dissolved in 1994, Acrepost was reported in the accounts as a subsidiary of Langhaven Holdings

The accounts for Langhaven Holdings at the time that it was dissolved identify the following individuals as current / past directors: Patrick May O'Connor; Martin Vosper Walford; Peter James Bennett, and John Brendan O'Connor, company secretary (see Directorships section for further detail)

( PDF of above diagram - at February 2006)

It is abundantly clear that Andrew Ladsky and Steel Services are one and the same (Advisors to Jefferson House ; Directorships ) but arriving at this conclusion - with certainty - took several years.

While, in breach of my statutory rights, after 10 months of endless correspondence in 2002, I was left with not knowing the name of the directors who owned Jefferson House - my search resulted in the identification of false claims:

  • Steel Services did not exist as it had been "Struck-off the register [of the British Virgin Islands] for non-payment of licence fee" - see Owners identity # 1 and # 2 ; BVI registration

Concurrently - and subsequently - Steel Services has been described as the "freeholder" for Jefferson House - see Freehold ownership

Since then, some extensive schuffling of paper has taken place - as detailed below.

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(2) Lavagna Enterprises Limited became the 'superior headlessor' in December 2005 - in the process taking control of the last floor of Jefferson House - AWAY FROM 'Steel Services'

On the Land Registry records at 22 February 2006, title NGL 373 333 i.e. Steel Services had disappeared from all three titles for the freeholder, Jefferson House Limited. Instead, each of the three titles, # 69437 ( 9 Basil St ), # 69051 (11 and 13 Basil St ), # 101949 ( 7 Basil St ) state - at this date:

"Lessee's Title" BGL 56642 with "Date of lease and term" as "15 December 2005, from 29 September 1979 to 1 October 2202"

This title, BGL 56 642, is for Lavagna Enterprises Limited. It states that it is incorporated in the British Virgin Islands (like Jefferson House Ltd, Steel Services Ltd) (and Sloan Development - point # 6, below).

As can be seen on the title, this deal took place between Jefferson House Ltd and Steel Services Ltd, and was registered on 31 January 2006. The value of the transaction is recorded as £875,000 (US$1.5 million).

The outcome of this transaction is that Steel Services (point # 1 above), for which the title is NGL 373 333, became the "lessee" of Lavagna Enterprises and, consequently, Lavagna Enterprises became the superior headlessor.

(As can be seen on the above graph I - developed in February 2006, from Land Registry titles at the time - according to Land Registry records, Lavagna Enterprises also owns/ed other flats. See Owners identity for detail)

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(3) On 24 May 2006, the title for Steel Services was transferred "by Steel Services" to "Rootstock Overseas Corp" for £120,000 (US$212,000)

This information was finally communicated to me by Ahmet Jaffer, Portner and Jaskel, in a letter dated 12 July 2007. (NB: Ahmet Jaffer lies by saying that it had been communicated to me previously (Portner and Jaskel # 15 ) when his equally corrupt colleague, Jeremy Hershkorn, sent me the 16 February 2007 letter in which he threatened me with bankruptcy proceedings and taking the flat from me (Portner and Jaskel # 3 ). Hershkorn's reply to my saying that I had never heard of Rootstock was to file a claim against me on 27 February 2007 (Portner and Jaskel # 6 ))

The 24 May 2006 transaction for "Title NGL 373333" states:

  • Property: Jefferson House, 7 to 13 Basil Street, London SW3 1AX;
  • Transferor: Steel Services; Transferee: Rootstock Overseas Corp, Edificio PH Plaza 2000, Calle 50, Apartado 6307, Panama 5, Republic of Panama;
  • The Transferor has received from the Transferee for the property the sum of £120,000.
  • Signed...on behalf of Steel Services Ltd, a company incorporated in the British Virgin Islands by Enrique Sibauste..."

Of particular note: As Steel Services was a 'lessee' of Lavagna Enterprises at the beginning of 2006 (point # 2 above) - how to explain that, in May 2006, Steel Services is the "transferor" of the title to Rootstock? Surely, the "transferor" should be Lavagna Enterprises? My explanation is that these 'paper companies' have the same individual attempting to hide behind them: Andrew Ladsky

(See also point # 5, below)

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(4) The 'airspace' for Jefferson House became a lessee of Lavagna Enterprises in January 2006

In the context of this 'reshuffling' and 'carving out', the 'Airspace of Jefferson House', title BGL 51 266 also became a "lessee" of Lavagna Enterprises.

The transactions in terms of the 'Airspace of Jefferson House' go back to 2003, as can be seen on the Land Registry title NGL 373 333, for Steel Services, obtained on 26 April 2004 for which it states:

" 22 September 2003 - Agreement for lease of the air space above the roof of 7-13 Basil Street dated 15 September 2003 in favour of Steel Services Limited"

Hence, this agreement was obtained from Jefferson House Limited (the "freeholder" ).

The title for the 'Airspace of Jefferson House', title BGL 51 266, indicates that, on 22 October 2004, a transaction took place between Jefferson House Ltd and Steel Services Ltd (for £110,000) (US$194,000) for:

"The leasehold..being Airspace of Jefferson House, 7-13 Basil Street , London SW3 1AX"

It gives Steel Services as "proprietor" , care of Martin Russell Jones.

According to the 22 February 2006 Land Registry copy of NGL 373 333 i.e. the title for Steel Services, two days before this transaction took place i.e. on 20 October 2004 the

"Airspace abutting and above the level of the roof of Jefferson House has been removed from this title"

The last page of the title for 'Airspace of Jefferson House', title BGL 51 266, states that on 10 August 2005, title BGL 54 458 became the lessee of 'Airspace of Jefferson House ' .

This is the title for the penthouse flat constructed on Jefferson House during 2004 - 2006 (See Photo gallery). Associated with the title for the penthouse flat is also a car parking space, title BGL 47 667.

What is worth noting - given that the 'Airspace had been removed' from the title for Steel Services on 20 October 2004 - is that - nearly a year later - the party to the transaction was Steel Services. The other party was Sloan Development (point # 6 below)

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(5) The 'airspace' was then transferred "by Steel Services", "from Steel Services" to "Rootstock Overseas Corp", Panama, for "£1" on 8 January 2007

Following my 16 May 2008 letter to Portner and Jaskel, asking for documents from its 4 February 2008 standard disclosure (Portner and Jaskel # 24), one turned out to be a 8 January 2007 transaction for Jefferson House's airspace. It states that the:

“Property: Airspace of Jefferson House, 7 to 13 Basil Street, London SW3 1AX” was transferred on “8 January 2007” from “Steel Services Limited” to “Rootstock Overseas Corp, Republic de Panama” for “the sum of £1.00”. The transaction was “Signed as a deed on behalf of Steel Services Ltd, a company incorporated in the British Virgin Islands by Enrique Sibauste… acting under the authority of the company”

Ditto in this instance: As the 'airspace' was a 'lessee' of Lavagna Enterprises at the beginning of 2006 - as was Steel Services - how to explain that, in January 2007, Steel Services is the "transferor" of the title to Rootstock? Surely, Lavagna Enterprises should be the "transferor"? My explanation is that these 'paper companies' have the same common owner: Andrew Ladsky (and 'maybe' the creation of Lavagna Enterprises as a superior headlessor was done for the purpose of borrowing money?)

As I wrote under points 52 to 56 of my 3 June 2008 Witness Statement, the 8 January 2007 transaction still leaves many questions unanswered. Indeed - in addition to the above:

  • Why are service charge demands in the name of Steel Services post the transfer of its title to Rootstock? (Portner and Jaskel # 6.1 ; # 7 )
  • Why has Steel Services been stated on several occasions, including on a court claim (filed by Portner and Jaskel against the Elderly Resident), as the "freeholder" given that Land Registry records state Jefferson House Limited? (Freehold ownership)
  • What happened to "F.M.C. Ltd, British Virgin Islands"? (Owners identity # 1 )
  • What's the story behind Basil Street Properties - Gibraltar (at least, at February 2006)? (Owners identity # 4 )

My explanation: all these 'paper companies' have the same person hiding behind them: Andrew Ladsky (see also point # 7 below).

Under point 55 of my Witness Statement, I wrote:

"Sale of the title of the airspace to Rootstock for “£1” – by Steel Services - demonstrates that the plethora of companies is just ‘off-the-shelf’ names on paper, traded in monopoly board game style"

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(6) Sloan Development is another 'off-the-shelf', 'paper company', also registered in the British Virgin Islands (at least in April 2004)

Like Steel Services Ltd, Jefferson House Ltd and Lavagna Enterprises Ltd, Sloan Development is registered in the British Virgin Islands - at least, as shown for example on the title for flat 7 ( BGL 43 656 ) at 26 April 2004.

(This title shows that Sloan Development acquired the lease for flat 7 on 15 April 2004. On 28 November 2005, a transaction took place between Sloan Development and Andrew Ladsky whereby Ladsky became the owner of the lease for flat 7 - as can be seen from the title obtained on 22 February 2006). (Owners identity # 4 )

Further evidence of the link with Ladsky is that Sloan Development had mail addressed to "The Office, Jefferson House" - from which I assumed that the actual addressee was probably Ladsky i.e. my guess is that Sloan Development is 'just' another layer / offshoot comprising of the same / similar set of individuals hiding behind the other 'companies' (see BVI registration for benefits)

Re. Sloan Development - see also Portner and Jaskel # 6.1 / My Diary - 9 March 2007 for the (second) fraudulent claim filed against me in West London County Court by Portner and Jaskel. Note at June 2008: Rootstock Overseas / Steel Services / Sloan Development i.e. Andrew Ladsky dropped "ALL of the claim" against me. The Notice of discontinuance also states Sloan Development in the file path (Portner and Jaskel # 29 ; My Diary - 7 June 2008)

The outcome of this second fraudulent claim provides undeniable evidence that the threat of forfeiture and bankruptcy proceedings, as well as court claims = FRAUD TOOLS

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(7) I hold the view that Andrew Ladsky has been the main driver of the above transactions (as well as others included under Owners identity)

Further suggesting this are the printscreens I captured from the Land Registry website at the time I was doing a search on 'Airspace of Jefferson House', title BGL 51 266 .

As can be seen from the printscreens (which are included after the title), they consistently brought-up flat 9 , BGL 10 950 , owned by Andrew Ladsky . This includes pursuing the search from there for the freehold title, BGL 69 051.

My conclusion at the time of doing the above search in February 2006 proved to be correct: in his 26 March 2007 letter to my (ex.) employer, Ladsky gives Flat 9 as his address at Jefferson House.

Please, note also that, in the "summary of contributions to the major works" attached with the Institute of Chartered Accountants in England and Wales's reply of 29 August 2006, Ladsky who is the registered owner of flats 34 and 35 since the year 2000 has NOT paid any contribution.

This is an addition to other evidence that Andrew Ladsky and Steel Services are one and the same - see Advisors to Jefferson House: Cawdery Kaye Fireman & Taylor ; Portner and Jaskel ; Laytons ; Brian Gale.

And clearly, the same applies in relation to Rootstock Overseas given the sale of the airspace on 8 January 2007 for "£1" by Steel Services to Rootstock Overseas Corp. Furthermore, the name of Sloan Development in the file path of the 27 February 2007 claim filed against me and in the 6 June 2008 Notice of discontinuance, means that Sloan Development can also be added. Hence:

Andrew Ladsky is the common denominator behind Steel Services + Rootstock Overseas Corp + Sloan Development + Lavagna Enterprises, and I believe, Jefferson House Limited (BVI registration)

And F.M.C. Ltd (BVI registration) + Basil Street Properties

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(8) The transactions with Lavagna Enterprises and Rootstock Overseas Corp amount to criminal offences by 'Steel Services' i.e. Andrew Ladsky

As a first point - Considering the highly material implications of the deals on the contract i.e. my lease I did NOT receive ANY COMMUNICATION from Martin Russell Jones / Steel Services about the above transactions. I only found out as a result of undertaking research following the fraudulent 10 February 2006 "Notice", and in the context of the 27 February 2007 fraudulent claim filed against me (Portner and Jaskel )

In my 30 April 2006 (1.1MB) letter to Portner and Jaskel (see Notices by landlord - 10 February 2006 for detail), (based on my 'non-lawyer' assessment) I wrote that the transactions between Lavagna Enterprises and Steel Services amount to criminal offences under the Landlord and Tenant Act 1987 as 'Steel Services' did NOT issue a 'Notice of disposal by landlord' i.e. offer me first refusal in relation to these disposals. Indeed, Section 10A. - (1) of the 1987 Act states:

"Offence of failure to comply with the requirements of Part I"

 "A landlord commits an offence if, without reasonable excuse, he makes a relevant disposal affecting premises to which this Part applies" (i.e. Part of the Landlord and Tenant Act 1987)

"(a) without having first complied with the requirements of section 5 as regards the service of notices on the qualifying tenants

"(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard"

Hence, this type of offence is categorised as "criminal".

The same applies in relation to the transactions between 'Steel Services' and 'Rootstock Overseas Corp' as:

(1) in the case of the transfer of the title from Steel Services to Rootstock on 24 May 2006, the 10 February 2006"Notice of disposal" issued by Daniel Broughton, Portner and Jaskel, is fraudulent as it misrepresents the property being offered (and this was done "deliberately"); events summarised in my 30 April 2006 letter to Broughton (Portner and Jaskel # 1 ; Notices by landlord # 3 ; My Diary 18 February 2006 and 29 April 2006 )

(2) in relation to the 8 January 2007 transfer of the 'airspace' from Steel Services to Rootstock Overseas Corp: I did not receive a notice.

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(9) I am left without knowing whether I actually have 'a landlord' to perform the covenants in my lease

As to the impact on the performance by 'the landlord' of the covenants in my lease - as I stated at the beginning of this section: I do not know who controls my home; whether any entity actually has control over the whole block. Examples of covenants in my lease:

"Clause 5 - The lessor hereby covenants with the lessees"

"5 (1) to maintain repair."

"5 (1) (a) the roofs...chimney stacks gutters.."

"5 (1) (b).water pipes electric cables and wires and supply lines.upon the building."  

"5 (1) (c) the boiler and heating and hot water apparatus."

"5 (1) (d) the passenger lifts lift shafts and machinery."

"5 (2)(4) "To insure and keep insured the building.and in case of destruction of or damage to the building or any part thereof so as to make the same unfit for habitation and use. to lay out all monies received in respect of such insurance . in rebuilding and reinstating the same.."

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(10) My request to the Land Registry to have the Lavagna Enterprises title revoked led to a repeated 'get lost'

Given the very serious impact on my lease of Steel Services becoming a lessee of Lavagna Enterprises and losing control of the last floor of Jefferson House, in my letter of 28 March 2006 to the Land Registry , I pointed out that the

"Acquisition of the headlease Title NGL 373 333 by Lavagna Enterprises, a superior headlessor first registered by the Land Registry on 31 January 2006, under Title BGL 56 642, has rendered the headlease materially defective"

I explained that the outcome of the above transactions between Steel Services, Lavagna Enterprises and Jefferson House Limited had led to Steel Services no longer having control of the roof - as "it is now in the hands of a superior headlessor". Consequently, it could no longer perform the above mentioned covenants in my lease.

I therefore requested that the lease granted to Lavagna Enterprises be revoked.

In support of my request, I highlighted the case of Kintyre Ltd v Romeomarch Property Management Ltd in which the Land Registry Adjudicator had dismissed the application to register the lease, because:

"The roof space was required for the proper management of the roof."

I consider the initial reply of 4 April 2006 from the Land Registry as a blatantly obvious

'get lost, I am not going to do anything against a sacrosanct landlord' '

Among others, it states:

"Regrettably, I do not have details of the Adjudicator case referred to in your letter and am unable to comment further on that decision"

"I regret that the Registry is unable to simply revoke the lease and title of BGL 56642"

"The Registry is not able to provide legal advice and I would suggest that you seek independent legal advice in respect of your concerns"

As the Land Registry was, at the time, comprised under Lord Falconer of Thoroton 's department, the then Department for Constitutional Affairs, in light of my previous experience with some of his department's divisions (West London County Court , the Legal Services Ombudsman - and the Court Service), this reply came as no surprise.

Extracts from my 18 April 2006 reply to the Land Registry:

(In relation to "not having detail of the case" )

"I read this as an admission that your Office does not have the capability to implement the requirements comprised under the Land Registration Act 2002. In particular:

Section 73 - Objections:  

(1) ".anyone may object to an application to the registrar"

(7) "If it is not possible to dispose by agreement of an objection.the registrar must refer the matter to the adjudicator"

I followed this by stating that, "given the situation" I was enclosing a copy of the case, as well as copy of pages from the Adjudicator website detailing the Adjudicator's role and contact details.

As to the suggestion that I "seek legal advice" , I replied:

1. Your Office granted the title - I did not.

2. Consequently, your Office created the resultant situation of, among others, my headlessor, Steel Services, being unable to perform highly material covenants in my lease - not I.

3. Therefore, it is up to your Office - not I - to undo what has been done.

4. Consequently, I suggest you - rather than I - seek legal advice.

This led to the second 'get lost' from the Land Registry, dated 25 April 2006 , claiming that the situation was different and that

"It does not, however, follow that the lease registered under title BGL 56642, which includes the roof space, is void.

As to what action, if any, is possible to resolve the perceived difficulty is not a matter upon which the Registrar can advise".

I did not waste my time replying, preferring to spend it on developing the site.

ANDREW LADSKY ET. AL., PORTNER AND JASKEL, THE LAND REGISTRY AND ITS (then) ULTIMATE HEAD, LORD FALCONER OF THOROTON, CAUSED ME TO DEVELOP THIS WEBSITE.

THIS OUTCOME IS OF THEIR OWN DOING .

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