The root cause of ALL THE EVENTS that have taken place since 2002 stems from the fact that Mr Andrew Ladsky et. al. and their aides decided that leaseholders were going to pay for works to the block for which they are not legally liable.  

Namely, the construction of a penthouse flat (2.4MB) (*), addition of three other flats and related works (new lift, new boiler, etc.).   (There are now 39 flats v. 35 at the start of the works). (For evidence of 35 flats at the start of the works see, for example, point 7 of the 17 June 2003 LVT/SC/007/120/02 report) (ref #992 on the LVT database)

(*) In October 2007, the selling price was £6,500,000 (US$11.5 millions)

(NB: Events are covered in my 3 June 2008 (74 pg) Witness Statement; (4 pg) Main Points)

Under the terms of my lease, what I am liable for in terms of costs are "maintenance and repairs and replacement where necessary" . 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 LVT determination

•  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 Major works for detail of events in chronological order, as well as: Pridie Brewster # 18 , Owners identity , Headlessors , Directorships , Martin Russell Jones, Brian Gale of Brian Gale Associates, Leasehold Valuation Tribunal , Cawdery Kaye Fireman & Taylor, West London County Court , Lord Falconer of Thoroton , Mr Stan Gallagher , Piper Smith Basham )

 

The 'before' and 'after' photograph - and the lies from: Ms Joan Hathaway and Mr Barrie Martin of Martin Russell Jones; Mr Brian Gale ; Mansell Construction ; Mr Andrew Ladsky

Spot the difference...

Jefferson House July 2002

Jefferson House September 2005

...and note the following:

Ms Joan Hathaway, MRICS, Martin Russell Jones :

•  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 Mr Brian Gale under Ms Hathaway's name (but with Mr Andrew Ladsky's 'trademark') (and which Mr 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"

Mr Brian Gale, Brian Gale Associates:

•  In his Expert Witness report to the tribunal, dated 13 December 2002 Mr Brian 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, Mr Gale wrote:

"...the roof coverings will need to be replaced and provisions made.to cover any additional works may become apparent."   ( NB: The incidental cost of building a penthouse flat?)

"...the roof has exceeded [its] modern life span"

See also the February 2002 photographs taken by Mr Gale of the back of Jefferson House (2.4MB) as 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).

Mr 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 Leasehold Valuation Tribunal , Cawdery Kaye Fireman & Taylor and West London County Court 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), Mr Barrie Martin, FRICS, Martin Russell Jones, 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 without going through the consultation procedures (Mansell), Mr Barrie Martin deceptively omitted to add the 11% management fee and 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 determination determination, 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 / Mr Brian Gale, describe what they are 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 - Mr Gale 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...

...Mr Ladsky et. al. and their aides deciding that I (and other leaseholders) would be made to pay for this (2.4MB): the CONSTRUCTION OF A PENTHOUSE FLAT, ADDITION OF THREE OTHER FLATS AND RELATED WORKS - FOR WHICH WE ARE NOT LIABLE.

(This pack (2.3MB), as well as this pack (1.1MB) 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)

Jefferson House July 2002

Jefferson House September 2005

 

To be more precise:

( PDF of above diagram - at February 2006)

UNBELIEVABLE! ISN'T IT?

MR ANDREW LADSKY ET. AL., MS JOAN HATHAWAY, MRICS AND MR BARRIE MARTIN, FRICS OF MARTIN RUSSELL JONES, AND MR BRIAN GALE, MRICS, CAUSED ME TO DEVELOP THIS WEBSITE.

THIS OUTCOME IS OF THEIR OWN DOING

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