Confidential - Our client: Adrian Norin
Peter Rose
mrpdrose at gmail.com
Mon Oct 1 21:00:35 BST 2018
Dear Nkolika,
Nanni makes some very valid points.
I am a little concerned by the wording that you highlighted Nkolika. I am personally not comfortable with some of the statements. Especially in the first paragraph.
I agree that we can state fact, we can explain the nature of his stay in the property, but that is about it. To add any financial valuation to his stay would be foolish, and as Nanni stated, this ‘value’ was agreed privately between the two companies - it is also a matter of argument in the whole ‘cost of maintaining Mr Norin’s ‘live-in’ role which contributed to his redundancy. I think it is a subject best avoided!
I know that this may sound harsh but I think what we have proposed in your original draft fulfils the requirement of the settlement agreement, and we should not be drawn into making any further statements for the sake of trying to help. I am sure there are other properties available to rent, available at short notice, and within their means. Isn’t this part of why we elevated our financial compensation as part of the agreement? My experience of the London rental market is that opportunities arise daily and one must act fast to secure them. I am surprised that in all these months this is the only reference (property or employment) that we have been asked to give.
I look forward to your further recommendations in the morning.
Kind regards,
Peter
Peter Rose
mrpdrose at gmail.com
> On 1 Oct 2018, at 19:55, "family at fabris.co.uk" <family at fabris.co.uk> wrote:
>
> Dear Nkolika,
>
> Thank you for your infinite patience in dealing with this case.
>
> I am writing in the capacity of One Warrington Gardens Freehold Limited director.
>
> I attach a screenshot from the Flat 39 Lease.
>
>
> <Screen Shot 2018-10-01 at 17.54.48.png>
>
> It is clearly stating that the apt.39 tenant is the One Warrington Gardens Management Company Limited.
> This is a well known fact to the directors of both OWGM and OWGF, To Mr. Norin and some of the lawyers advising him in the past (eg Mr. Album). Not sure if Mr. Ralph is aware of it. Stating that he and his cohabitants are tenants it is simply false.
>
> Regarding the following statement: this benefit was taken in account in his salary…etc.:
> Please note that the tenancy agreement between the 2 companies (OWGF and OWGM) has absolutely nothing to do with any salary paid to anyone. It is a private agreement between two parties. The tenancy fees agreed fluctuated in the years accordingly to factors that have nothing to do with the salary paid to the porter. Again, stating what has been proposed would be false.
>
> Mr. Norin is an employee of the OWG Management. The OWGF is a different company.
> Unfortunately, In case the OWG Management Company decides to write any statement or take any action that is going to cause any liability to the OWGFreehold Company, the latter will have no choice than asking advice to its lawyers.
>
> Regards
>
> Nanni Fabris
>
>
>
>
>
>
>> On 1 Oct 2018, at 17:57, Glenn Pereira <glennpereira at gmail.com> wrote:
>>
>> Hi Nkolika,
>>
>> Thanks for this and well done for making such progress.
>>
>> Provided your colleagues alleviate concerns regarding tax and property issues, I am happy with it.
>>
>> However, would the word “resident(s)” be better than “tenant(s)”? Three times in first paragraph.
>>
>> And perhaps a “service occupancy” instead of “a service tenancy”. And later “his occupancy came to an end”.
>>
>> Cheers,
>> Glenn.
>>
>>
>> From: Nkolika Oraka [mailto:Nkolika.Oraka at rradar.com]
>> Sent: 01 October 2018 17:16
>> To: Delia Covezzi; Glenn Pereira; Anna Cury; Peter Rose; Crispin Sampson-Bancroft; Antonella Santini; Yvonne and Bernard Mocatta (new Comp; Anthony Stafford; Nanni Fabris
>> Subject: FW: Confidential - Our client: Adrian Norin
>> Importance: High
>>
>>
>> Dear All,
>>
>> Please find attached amended reference wording that I have received from Mr Norin’s solicitor.
>>
>> You will note that it is still Mr Norin’s intention to leave the flat which is a positive, however having read the attached wording I have a few misgivings (highlighted in yellow) which I am sure you will share, but may be of the view that if it means he can vacate the flat then so be it.
>>
>> Given my misgivings I am liaising further with my colleague that has property experience and also with my tax colleague around the flat being deemed a benefit that was taken in to account on the salary. The problem with this though is that both colleagues have now left the office and will not be back in until first thing tomorrow.
>>
>> My concerns are primarily around the fact that both Mr Norin and his girlfriend were not necessarily ‘tenants’ in the normal sense of the word. It will of course be a matter for you to decide whether you are happy to confirm that they were good tenants and you had no issue with them.
>>
>> The other point is about it being a benefit factored in to the salary, again I am keen not to state something that simply was not true for the tax reasons I stated earlier. However, if my tax colleague can assure me this should not be an issue I will relay the same advices to you all.
>>
>> Kind regards
>> Nkolika
>>
>>
>>
>> From: Nick Ralph <Nick.Ralph at archonsolicitors.com>
>> Sent: 01 October 2018 16:30
>> To: Nkolika Oraka <Nkolika.Oraka at rradar.com>
>> Cc: Tess Callaway <tess.callaway at archonsolicitors.com>; Adrian Norin <adriannorin at googlemail.com>
>> Subject: RE: Confidential - Our client: Adrian Norin
>>
>> Your attachments have been security checked by Mimecast Attachment Protection. Files where no threat or malware was detected are attached.
>> Dear Nkolika,
>>
>> Thank you for your email.
>>
>> You will appreciate that Adrian and his family are in a really difficult situation. They want to leave One Warrington Gardens but this may be rendered impossible if they are not accepted by the new landlord for the property they have agreed to rent. I understand that there is no question about Adrian being a good employee and him and his family being good tenants. It would therefore seem to be in everyone’s interest for Adrian to be assisted in making his move out of One Warrington Gardens. To that end I attach an amended version of the landlords reference.
>>
>> I trust that the contents of this are acceptable and that it can be sent asap so that Adrian’s move can get back on track.
>>
>> Kind Regards
>> Nick
>>
>>
>> Nick Ralph
>> Partner
>>
>> Archon Solicitors Limited, 6–7 Queen Street, London EC4N 1SP
>> D: (+44) (0)20 7397 9657 Tel: (+44) (0)20 7397 9650
>>
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