Fwd: Confidential - Our client: Adrian Norin

Tue Oct 2 08:42:18 BST 2018

 Good morning Robert,

How are you?

Just a quick update with reference to the OWGFreehold lease change.

Following your email copied in blue below, we are now in the process of dealing with the resident’s redundancy case.
Unfortunately, there are some delays in the redundancy/eviction process. Ms. Oraka is patiently dealing with it.

I understand the route you want to take is to surrender the lease thereby removing the current restriction on the flat and take a new lease which you would rent out to a new party. Before this can be done the existing tenant (porter) would need to vacate the flat concerned which I believe will be 30 September 2018. Confirmation that the porter will actually leave the flat is necessary otherwise court proceedings will be necessary to gain vacant possession post October 1 2018. Please let me know how that is progressing as I am aware that the porter agreed to vacate the flat as part of his settlement . Once the flat is vacant the surrender from the management company to the freeholder can proceed with a view to granting a new lease a new lease.

The registered address should indeed be changed. Is that something you would do or do you want us to write the letter to the HM Land Registry?

Many thanks

Robert

FYI, please, see below the email sent from the Freehold directors to Ms. Oraka last night. 

The OWG Freehold and Management companies directors have cooperated for months at trying to facilitate an amicable resolution of Mr. Norin redundancy case. 

Nevertheless, theOWG Freehold directors are representing a different group of shareholders from the OWG Management and they can`t obviously support any action that is damaging its own group of shareholders.

As both you and Ms. Oraka are aware, until the apartment is occupied, from the OWGF side we can`t proceed to the lease change. 

Furthermore, the arrangement between the two companies is such that the OWG Management is paying a rent to the OWG Freehold if any OWGManagemnt dependent is living at the premises. The actual situation, where the apartment is occupied and the rent is not paid constitutes a liability for the OWGF shareholders. 

The OWG Freehold Directors have the duty to look into this.

I hope this clarifies a bit the entangled interests of the two companies (OWGM and OWGF).

Kind regards

OWGF Directors

> Begin forwarded message:
> 
> From: "family at fabris.co.uk" <family at fabris.co.uk>
> Subject: Re: Confidential - Our client: Adrian Norin
> Date: 1 October 2018 at 18:55:55 BST
> To: Nkolika Oraka <Nkolika.Oraka at rradar.com>
> Cc: Delia Covezzi <deliacovezzi at gmail.com>, Anna Cury <anna_cury at yahoo.com>, Peter Rose <mrpdrose at gmail.com>, Crispin Sampson-Bancroft <crispin at wb19.co.uk>, "Yvonne and Bernard Mocatta (new Comp" <bandymocatta at btinternet.com>, Anthony Stafford <astafford011 at gmail.com>, Nanni Fabris <fabris38 at yahoo.co.uk>, Glenn Pereira <glennpereira at gmail.com>
> 
> 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. 
> 
> 
> 
> 
> 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 <mailto: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 <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 <mailto:Nick.Ralph at archonsolicitors.com>> 
>> Sent: 01 October 2018 16:30
>> To: Nkolika Oraka <Nkolika.Oraka at rradar.com <mailto:Nkolika.Oraka at rradar.com>>
>> Cc: Tess Callaway <tess.callaway at archonsolicitors.com <mailto:tess.callaway at archonsolicitors.com>>; Adrian Norin <adriannorin at googlemail.com <mailto: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
>>  
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