(NB: Documents providing an overview of events include:
The root cause of ALL THE EVENTS that
have taken place since 2002 stems
from the fact that Andrew Ladsky et. al. and their aides decided that leaseholders at Jefferson House, Basil St, London SW3, were
going to pay for works to the block for
which we are NOT legally liable.
Namely:
the construction of a penthouse flat (February 2002 'condition survey', by Brian Gale, MRICS, Ladsky's surveyor ; planning application ; photo gallery ; sale of penthouse flat in December 2005 for £3.9m (US$6.9m); put on the market in October 2007 for £6.5m (US$11.5m))
addition
of three other flats (Land Registry records): Flat 18A, Flat 33A and Flat 35A - and related
works (new lift, new boiler, etc.).
(There
are now 39
flats v. 35 at the start of the
works in Sep 04. For
evidence of 35 flats at the start of the
works see e.g.
(1) point 7 of the 17 June 2003 LVT/SC/007/120/02 report (ref #992 on the LVT database) (issue: see Case Summary) ;
(2) Land Registry records for title NGL373333, Steel Services (i) when it took over the headlease for the block in November 1996 ; (ii) on 26 April 2004 ; (iii) on 22 February 2006 which lists 38 flats, and SS became a 'lessee' of Lavagna Enterprises, with the penthouse flat)
Under the terms of my lease, what I am liable
for in terms of costs are "maintenance
and repairs and replacement where necessary".
Hence, NOT for the cost of constructing a penthouse flat and addition of 3 other flats See section of my
lease called 'Fourth Schedule,
on pages 31 and 32.
I also draw your attention to the following
points in the 17
June 2003 so-called 'determination' (see London LVT points # 4, # 6, # 7)
Point 64 - ".the Respondent
and other tenants (NB !!!) could
not be forced to contribute in the case of
improvements and / or works not determined
as reasonable by the Tribunal"
Point 54 - "Assuming that,
on a proper construction of the lease, the
services in issue are covered by the charging
clause, this does not mean that the landlord
enjoys carte blanche to incur costs"
See My Diary 6 May 08 for evidence of a c. £500,000 theft from Jefferson House's leaseholders through deceit, extortion, breach of leaseholders' rights, and the block sale of flats in 2006-07, some of which were on the - FRAUDULENT - 29 November 2002 claim filed in West London County Court.
(See also Major works for
detail of events in chronological order, as well
as: Pridie Brewster # 2 , # 3 , # 18 , Owners identity , Headlessors , Directorships , Martin
Russell Jones (MRJ), Brian
Gale, MRICS, of Brian Gale Associates, London Leasehold
Valuation Tribunal , Cawdery Kaye Fireman & Taylor (CKFT), West London County Court , Lord Falconer of Thoroton , Stan Gallagher , Piper Smith Basham)
Spot the difference...
...and note the following:
Joan Hathaway, MRICS, Martin
Russell Jones (MRJ) :
Her
letter to me of 26
March 2002 :
" Your suggestion that
the appointment of professional advisors is
in any way connected with any planning application is
incorrect "
Her 30
August 2002 letter to me:
"We are informed that there is no
intention to build the penthouse at
the current time"
Under point 19 of a 4
March 2003 letter sent to Brian Gale, MRICS, under the name of Joan Hathaway, MRICS, MRJ, (but with Andrew Ladsky's 'trademark')
(and which Brian Gale supplied as part of
the evidence for the tribunal hearings in March-April 2003 ):
"...regarding the proposed penthouse...although
the planning permission was granted
it was subsequently
found that the scheme was not a viable
proposition..."
"...there are no plans to
build the penthouse at the property"
And under point 35 of the same
letter:
" When it was obvious that the
penthouse was not going to be built"
(NB: Verdict of the Royal Institution of Chartered Surveyors? "NO MISCONDUCT")
Brian Gale, MRICS, Brian Gale Associates, Andrew Ladsky's surveyor:
In his "Expert Witness" report to
the London tribunal, dated 13
December 2002 Gale wrote under
Section 4 - 1.4
" I am able to categorically state
that the Specification makes NO provisions
for any construction of an additional floor
nor any future requirement in the building
to create a penthouse flat "
While under point 3.04 of the same
report, he wrote
"I confirm that there were no inclusions
within the specification or tender
documentation intended to improve or
enhance any future potential development
of the site by either the freeholder
or headlessee"
In the summary
of his February 2002 condition survey,
Brian Gale wrote:
"...the roof coverings will need to be replaced
and provisions made.to cover any additional
works may become apparent." ( NB: Like the '
incidental' cost of building a penthouse flat?)
"...the roof has exceeded [its] modern
life span"
See also the February 2002 photographs
taken by Brian Gale of the back of Jefferson
House at the time he undertook the condition
survey - and compare with the photograph
I took in September 2005. Note in particular,
his identified "defects" and his recommended
"remedies" v. the actual outcome. (The
pack also contains extracts from his "condition
survey" ,
as well as other evidential documents).
Andrew Ladsky (= 'Steel Services';
see
also , Advisors to Jefferson House , Owners
identify , Headlessors )
In his letter to me (and other
leaseholders) dated 25
January 2001:
"...the costs of any additional
floor on the property will NOT be
borne by the residents"
"All tenants are of course protected
by the Landlord and Tenant Acts to
ensure those carrying out any works
do so reasonably."
(See this
pack, as well London Leasehold Valuation Tribunal, Cawdery Kaye Fireman & Taylor (CKFT), West
London County Court and Pridie Brewster for how this
translated in practice)
In his 14
July 2004 letter to me (hence, sent two
years after the original demand of 15
July 2002 - and one year after the tribunal had issued its 17
June 2003 report - which was NOT implemented), Barrie Martin, FRICS, MRJ, headed
the letter with:
"External repair and redecoration
work plus internal refurbishment of common
parts"
He again repeated this claim in his 2 August 2004 letter to "All Lessees"
"...the proposed works to the exterior and internal common parts of the building..."
(In addition to endorsing a breach of leaseholders' statutory rights by appointing Mansell Construction Services without going through the consultation procedures, Barrie Martin, FRICS, deceptively omitted to add the 11% management fee, as well as 17.5% VAT. The total sum demanded (at this stage) of £669,937 (US$1.18 million) is a massive overcharge relative to the tribunal's 17 June 2003 so-called 'determination' (see London LVT points # 4, # 6, # 7) , as it is only £66,269 (US$113,732) less than the original demand of £736,206 (US$1.3 million) - or nine percent less)
How did the contractors, Mansell Construction
Services / Brian Gale, MRICS, describe
what they were doing to the roof? The following
is from the " description
of the works " , headed with: Principal
Contract: Mansells Construction)
"General repair and refurbishment of the
main structure of Jefferson House, 11 Basil
St, to include cutting out of spalled and defective
brickwork and replacing to match, replacing
asphalt roofs , redecoration externally,
redecoration of internal common areas, replacement
of lift"
Very clearly, Mansell - Brian Gale, MRICS, have a VERY UNIQUE interpretation of "replacing asphalt
roof"! Maybe it's a question
of economy with words as they headed this "Brief
description of work".
As can be seen under Planning
applications,
planning applications/amendments to planning
applications were filed for the construction
of a penthouse flat, as well as for the
enlargement of flats on 4 floors through "in-fill
of lightwell" .
Fair minded, reasonable visitor to the
site, consider that the ROOT CAUSE
OF ALL OF THE ABOVE is...
...Ladsky et. al. and their aides deciding that I (and other leaseholders) would
be made to pay - for this: the
CONSTRUCTION OF A PENTHOUSE FLAT, ADDITION
OF THREE OTHER FLATS AND RELATED WORKS
- FOR WHICH WE
ARE NOT LIABLE.
(This pack, as well as this pack contain key evidential documents. As to the pay-off, it is evidenced by the block sale of flats in the latter part of 2006, beginning of 2007 which, of course, are in addition to the sale of the penthouse flat BGL 54 458 for £3.9 million (US$6.9 million) in December 2005, etc.) (In October 2007, the selling price was £6,500,000 (US$11.5 millions)
To be more precise:
( PDF
of above diagram - at February 2006)
UNBELIEVABLE! ISN'T IT?
ANDREW LADSKY ET. AL., JOAN HATHAWAY, MRICS AND BARRIE MARTIN,
FRICS OF MARTIN RUSSELL JONES (MRJ), BRIAN
GALE, MRICS - AND THE ROYAL INSTITUTION OF CHARTERED SURVEYORS WHICH REJECTED MY - LEGITIMATE - COMPLAINT AGAINST MRJ - CAUSED ME TO DEVELOP THIS
WEBSITE.
THIS OUTCOME IS OF THEIR OWN
DOING
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