Confidential - Our client: Adrian Norin

Tue Oct 2 13:39:48 BST 2018

Dear All,

Further to my email below I have just received a call from Mr Norin’s solicitor who has confirmed that the attached final version reference wording which I sent to him is agreed.

He also confirmed that it is very much Mr Norin’s intention to leave the flat as soon as possible and that there are no stalling tactics on his part. To that end he will be sending me details of who the attached reference should be sent to. He impressed upon me that the reference will need to be sent before 2.30pm today to facilitate as quick an exit as possible. He stated that both he and Mr Norin believe that eviction action will not be necessary and that everything humanly possible is being done to vacate the property.

I confirmed that I will relay the same and look forward to receiving the reference contact details without delay.

As soon as I receive this further information I will forward it on and would then advise Crispin that you simply transfer the attached on to the appropriate letterhead and send before 2.30pm if you can.

Kind regards
Nkolika

Nkolika Oraka Solicitor & Team Leader - rradarstation
rradar limited
6 Beacon Way, Hull, HU3 4AE
t: 0800 955 6111 | w: www.rradar.com<http://www.rradar.com/>
rradar limited is a licenced body authorised and regulated by the Solicitors Regulation Authority under licence number 608114.

Thank you for getting in touch today. Please don’t hesitate to contact me again should there be an issue.

During out of office hours the Crisis line - 0800 955 6222 is also available for Business Crime and Regulatory urgent issues only.

From: Nkolika Oraka
Sent: 02 October 2018 10:59
To: 'Delia Covezzi' <deliacovezzi at gmail.com>
Cc: Peter Rose <mrpdrose at gmail.com>; family at fabris.co.uk; Glenn Pereira <glennpereira at gmail.com>; Anthony Stafford <astafford011 at gmail.com>; Yvonne and Bernard Mocatta (new Comp <bandymocatta at btinternet.com>; Robert Haggis <Robert.Haggis at rradar.com>; Crispin Sampson-Bancroft <crispin at wb19.co.uk>; Anna Cury <anna_cury at yahoo.com>
Subject: RE: Confidential - Our client: Adrian Norin

Dear Delia,

Thank you, the draft, it has gone back and forth between myself and the other solicitor so we will eventually get it right. For the sake of everyone’s agreement I attach the final draft that I will be sending to Mr Norin’s solicitor.

I will make it clear that no further changes will be entertained.

Kind regards
Nkolika

Nkolika Oraka Solicitor & Team Leader - rradarstation
rradar limited
6 Beacon Way, Hull, HU3 4AE
t: 0800 955 6111 | w: www.rradar.com<http://www.rradar.com/>
rradar limited is a licenced body authorised and regulated by the Solicitors Regulation Authority under licence number 608114.

Thank you for getting in touch today. Please don’t hesitate to contact me again should there be an issue.

During out of office hours the Crisis line - 0800 955 6222 is also available for Business Crime and Regulatory urgent issues only.

From: Delia Covezzi <deliacovezzi at gmail.com<mailto:deliacovezzi at gmail.com>>
Sent: 02 October 2018 10:46
To: Nkolika Oraka <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>>
Cc: Peter Rose <mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>>; family at fabris.co.uk<mailto:family at fabris.co.uk>; Glenn Pereira <glennpereira at gmail.com<mailto:glennpereira at gmail.com>>; Anthony Stafford <astafford011 at gmail.com<mailto:astafford011 at gmail.com>>; Yvonne and Bernard Mocatta (new Comp <bandymocatta at btinternet.com<mailto:bandymocatta at btinternet.com>>; Robert Haggis <Robert.Haggis at rradar.com<mailto:Robert.Haggis at rradar.com>>; Crispin Sampson-Bancroft <crispin at wb19.co.uk<mailto:crispin at wb19.co.uk>>; Anna Cury <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>
Subject: Re: Confidential - Our client: Adrian Norin

Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
________________________________
Dear Nkolika

I agree with the below; to adding the final paragraph and to editing the sentence "I confirm that, they were good residents and we have no causes for concern about them should they become your future tenants. They have kept the flat in good condition”, to read “I confirm that, they were good residents and have kept the flat in good condition”.

On a slightly side note, I spotted a couple of small typos on the last draft sent. Please see attached for typo amendments (in bold).

Kind Regards,

Delia.

To say “we have no causes for concern about them should they become your future tenants” seems to be one statement too far in my opinion. How do others feel?

On 2 Oct 2018, at 10:35, Nkolika Oraka <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>> wrote:

Hi Peter,

Thank you and I believe your amended wording is another good compromise and happy to change the reference if everyone else is agreed?

Kind regards
Nkolika

Nkolika Oraka Solicitor & Team Leader - rradarstation
rradar limited
6 Beacon Way, Hull, HU3 4AE
t: 0800 955 6111 | w: www.rradar.com<http://www.rradar.com/>
rradar limited is a licenced body authorised and regulated by the Solicitors Regulation Authority under licence number 608114.

Thank you for getting in touch today. Please don’t hesitate to contact me again should there be an issue.

During out of office hours the Crisis line - 0800 955 6222 is also available for Business Crime and Regulatory urgent issues only.

From: Peter Rose <mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>>
Sent: 02 October 2018 10:30
To: Nkolika Oraka <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>>
Cc: family at fabris.co.uk<mailto:family at fabris.co.uk>; Glenn Pereira <glennpereira at gmail.com<mailto:glennpereira at gmail.com>>; Anthony Stafford <astafford011 at gmail.com<mailto:astafford011 at gmail.com>>; Yvonne Mocatta <bandymocatta at btinternet.com<mailto:bandymocatta at btinternet.com>>; Robert Haggis <Robert.Haggis at rradar.com<mailto:Robert.Haggis at rradar.com>>; Crispin Sampson-Bancroft <crispin at wb19.co.uk<mailto:crispin at wb19.co.uk>>; Anna Cury <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>; Delia Covezzi Rose <deliacovezzi at gmail.com<mailto:deliacovezzi at gmail.com>>
Subject: Re: Confidential - Our client: Adrian Norin

Hi Nkolika,

This seems like a wise addition. An added layer of protection.

What do you think about changing “I confirm that, they were good residents and we have no causes for concern about them should they become your future tenants.  They have kept the flat in good condition”, to “I confirm that, they were good residents and have kept the flat in good condition”.

To say “we have no causes for concern about them should they become your future tenants” seems to be one statement too far in my opinion. How do others feel?

Peter

Peter Rose
mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>

On 2 Oct 2018, at 11:22, Nkolika Oraka <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>> wrote:

Hello Everyone,

I also shared this concern and in light of what is currently going on, i.e. him not vacating the flat by the date agreed, it heightens such concerns even more. If we are wishing to only make true statements that this should apply to the whole of the reference, however if you felt by way of a compromise you wished for the statement to remain as is then I can also understand this stance.

Having spoken to my colleague as to the possible consequences as with employee reference, landlords too can rely on the same it is perhaps worth adding a final paragraph to state the following:

This reference is given to the addressee in confidence and only for the purposes for which it was requested. It is given in good faith, but neither the writer nor One Warrington Gardens Management Company Ltd accepts any responsibility or liability for any loss or damage caused to the addressee or any third party as a result of any reliance being placed on it.

Kind regards
Nkolika

Nkolika Oraka Solicitor & Team Leader - rradarstation
rradar limited
6 Beacon Way, Hull, HU3 4AE
t: 0800 955 6111 | w: www.rradar.com<http://www.rradar.com/>
rradar limited is a licenced body authorised and regulated by the Solicitors Regulation Authority under licence number 608114.

Thank you for getting in touch today. Please don’t hesitate to contact me again should there be an issue.

During out of office hours the Crisis line - 0800 955 6222 is also available for Business Crime and Regulatory urgent issues only.

From: Peter Rose <mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>>
Sent: 02 October 2018 09:56
To: family at fabris.co.uk<mailto:family at fabris.co.uk>
Cc: Nkolika Oraka <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>>; Glenn Pereira <glennpereira at gmail.com<mailto:glennpereira at gmail.com>>; Anthony Stafford <astafford011 at gmail.com<mailto:astafford011 at gmail.com>>; Yvonne Mocatta <bandymocatta at btinternet.com<mailto:bandymocatta at btinternet.com>>; Robert Haggis <Robert.Haggis at rradar.com<mailto:Robert.Haggis at rradar.com>>; Crispin Sampson-Bancroft <crispin at wb19.co.uk<mailto:crispin at wb19.co.uk>>; Anna Cury <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>; Delia Covezzi Rose <deliacovezzi at gmail.com<mailto:deliacovezzi at gmail.com>>
Subject: Re: Confidential - Our client: Adrian Norin
Importance: High

My main concern is the statement: "they were good residents and we have no causes for concern about them should they become your future tenant”.

Are we willing to state this? Is it fair to state this?

This is a matter for both companies to consider. We have had a few issues with them as tenants - Removing the CCTV monitors without permission. Moving his family in. Instructing for the wall for be built in the bedroom. Nkolika, is there any issue for us if we make such a statement? As an employee (of the Management Company) he was a good employee with no mark on his record, however I’m not certain where we stand with him as a resident in the Freehold Company’s property.

Peter.

Peter Rose
mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>

On 2 Oct 2018, at 10:34, family at fabris.co.uk<mailto:family at fabris.co.uk> wrote:

Thanks Nkolika.

We agree.

Regards

Fabris

On 2 Oct 2018, at 09:24, Nkolika Oraka <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>> wrote:

Good Morning Everyone,

Thank you all for your further feedback. Nanni thank you especially to you for your email regarding the position of the Freehold company what you and Peter have stated is very true. I believe we are very much all on the same page.

Ultimately Mr Norin has been on notice since May 2018 that there was a possibility that he would have to leave the flat when he was first informed that he was at risk of redundancy. Whilst we of course have a to be a reasonable employer that reasonableness can only go so far as Mr Norin also has to step up and take responsibility too.

I have now hear from colleague in the tax team and he has confirmed the following:

Although there is clearly a benefit in being provided with living accommodation, in this case it is a tax free benefit. This particular case is covered by the exemption for people who are provided with job related living accommodation where it is either necessary for them to perform their duties or it is customary. This case certainly falls within the exemption, which is also extended to include Council Tax, water & sewerage charges. In view of this there does not appear to be any taxation implications in this case.

To put it simply there would be no tax implications by leaving this statement in, however it is clear from Nanni’s email and from my understanding that the flat was certainly not a factor when considering Mr Norin’s salary and neither was it a benefit. I am therefore would not advise setting out something on written record that is simply not true. To that end I propose to go back to Mr Norin’s solicitor with the attached. You will note by way of compromise I have kept in about Mr  Norin and his family being residents however the final paragraph reverts back to essentially what I had drafted previously. I will make it clear that we are not prepared to move from this position and anticipate that Mr Norin will be out of the flat by the end of the day or at the latest by 12 noon tomorrow.

Is everyone agreeable with this course of action in light of my tax colleagues advice?

Kind regards
Nkolika

Nkolika Oraka Solicitor & Team Leader - rradarstation
rradar limited
6 Beacon Way, Hull, HU3 4AE
t: 0800 955 6111 | w: www.rradar.com<http://www.rradar.com/>
rradar limited is a licenced body authorised and regulated by the Solicitors Regulation Authority under licence number 608114.

Thank you for getting in touch today. Please don’t hesitate to contact me again should there be an issue.

During out of office hours the Crisis line - 0800 955 6222 is also available for Business Crime and Regulatory urgent issues only.

From: Glenn Pereira <glennpereira at gmail.com<mailto:glennpereira at gmail.com>>
Sent: 01 October 2018 22:48
To: Nkolika Oraka <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>>
Cc: 'Peter Rose' <mrpdrose at gmail.com<mailto:mrpdrose at gmail.com>>; 'Delia Covezzi' <deliacovezzi at gmail.com<mailto:deliacovezzi at gmail.com>>; 'Anna Cury' <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>; 'Crispin Sampson-Bancroft' <crispin at wb19.co.uk<mailto:crispin at wb19.co.uk>>; 'Yvonne and Bernard Mocatta (new Comp' <bandymocatta at btinternet.com<mailto:bandymocatta at btinternet.com>>; 'Anthony Stafford' <astafford011 at gmail.com<mailto:astafford011 at gmail.com>>; 'Nanni Fabris' <fabris38 at yahoo.co.uk<mailto:fabris38 at yahoo.co.uk>>; family at fabris.co.uk<mailto:family at fabris.co.uk>
Subject: RE: Confidential - Our client: Adrian Norin

Hi Nkolika,
We look forward to your response after talking to your colleagues tomorrow.
Reading the responses of our team it is clear that there is some discomfort  in the suggestion that the housing benefit was taken into account when determining the salary. And I can understand the possible tax implications of such a statement.
Would it be a solution to just state that “Mr Norin was also paid a salary under his separate contract of employment”?

Anyone reading the reference will see that he received a salary, a flat and his bills paid. So, hopefully his solicitor will accept it.
And, hopefully, this will not impact negatively on the Freehold company either.

Our main objective is to find an acceptable solution, which does not compromise us in any way, so that he moves out of the flat.
Cheers,
Glenn.

From: Peter Rose [mailto:mrpdrose at gmail.com]
Sent: 01 October 2018 21:01
To: family at fabris.co.uk<mailto:family at fabris.co.uk>
Cc: Nkolika Oraka; Delia Covezzi; Anna Cury; Crispin Sampson-Bancroft; Yvonne and Bernard Mocatta (new Comp; Anthony Stafford; Nanni Fabris; Glenn Pereira
Subject: Re: Confidential - Our client: Adrian Norin

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<mailto:mrpdrose at gmail.com>

On 1 Oct 2018, at 19:55, "family at fabris.co.uk<mailto:family at fabris.co.uk>" <family at fabris.co.uk<mailto: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<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]
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

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________________________________
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

Visit our website and employment blog: www.archonsolicitors.com/blog<http://www.archonsolicitors.com/blog>

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