[CAUTION] Re: OWG Freehold - Next step for the lease change

Robert Haggis Robert.Haggis at rradar.com
Fri Oct 19 10:26:15 BST 2018 

Good Morning Antonella

I am in good shape thanks, trust you are too.

The management company and the freehold company are separate legal entities so when you sign for instance for the management company as director, you can also sign as director of the freehold company. You are signing for separate legal entities.

I try to avoid husband and wife as separate signatories but only because at some future date there might be a question or rather a raised eye brow. But it is perfectly legal to have the two sign a document. If you have another director willing to sign then I would run with that  person but again if no one else is around then yes they can both sign. You would in any case record in minutes of a board meeting that the board had agreed to the transaction and that Mr X and Mrs X are to sign the deed of surrender documentation.

Are there any board meeting or shareholder minutes of meeting recording the proposed surrender? I don’t need to see them just need to know that the transaction has been approved internally. I know it has but just checking.

Kind regards
Robert

From: Antonella Santini <antonellasantini at me.com>
Sent: 19 October 2018 06:49
To: Robert Haggis <Robert.Haggis at rradar.com>
Cc: Flavio Cury <flavio_cury at yahoo.com>; Anna Cury <anna_cury at yahoo.com>; Nanni Fabris <fabris38 at yahoo.co.uk>; Nanni Fabris <family at fabris.co.uk>
Subject: Fwd: [CAUTION] Re: OWG Freehold - Next step for the lease change

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This Message contains suspicious characteristics and has originated outside your organization.
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Morning Robert,

How are you?

We are in the process to help Flavio and Anna to gather the info you requested. Please, check that they are correct before proceeding.
For your convenience I attach Flat 39 Title. The lease dated on 21/5/1996 is for 25 years starting 1/1/1996.

Also, we would like your professional opinion with regards to the new lease agreement signatories.
Mr. Fabris or Mr. Cury are ready to sign for the Freehold Company and Mrs. Cury for the Management.
The questions for you are: Since Mr. Fabris is also a director in the Management Company, could this potentially seen as a conflict of interests? and could eventually wife and husband (Mr. and Mrs. Cury) be on both sides of the agreement?

I also attach a recent bill for Mr. Fabris. Sorry for the delay.

Thanks Robert for your help.

Looking forward to hearing from you.

Antonella








Begin forwarded message:

From: Anna Cury <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>
Subject: Fw: [CAUTION] Re: OWG Freehold - Next step for the lease change
Date: 18 October 2018 at 16:50:36 BST
To: Antonella Santini <antonellasantini at me.com<mailto:antonellasantini at me.com>>, Nanni Fabris <fabris38 at yahoo.co.uk<mailto:fabris38 at yahoo.co.uk>>
Reply-To: Anna Cury <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>


Hi

please find below the questions Roberts needs answered

he can draft the lease tomorrow

thanks



----- Forwarded Message -----
From: Robert Haggis <Robert.Haggis at rradar.com<mailto:Robert.Haggis at rradar.com>>
To: "'anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>'" <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>
Sent: Thursday, October 18, 2018 4:49 PM
Subject: FW: [CAUTION] Re: OWG Freehold - Next step for the lease change


Hi Anna

If you can get hold of the answers to my questions  please I will be able to quickly prepare a surrender document which will be signed by one director of the freehold company with a second signature as witness and a director from the management company again signed by a different witness.

Thanks

Kind regards
Robert

From: Robert Haggis
Sent: 18 October 2018 15:19
To: 'Flavio Cury' <flavio_cury at yahoo.com<mailto:flavio_cury at yahoo.com>>
Subject: RE: [CAUTION] Re: OWG Freehold - Next step for the lease change

Hi Flavio

It’s Robert.  Yes happy to assist I will work on a deed of surrender of the lease for you. This will be the Porters flat?

Can you give me the following details?

  1.  Length of original term
  2.  Start date of lease
  3.  Actual date of lease
  4.  Confirm the landlord is the freehold company
  5.  HM land registration number
Thanks
Robert
From: Flavio Cury <flavio_cury at yahoo.com<mailto:flavio_cury at yahoo.com>>
Sent: 16 October 2018 12:41
To: Robert Haggis <Robert.Haggis at rradar.com<mailto:Robert.Haggis at rradar.com>>; family at fabris.co.uk<mailto:family at fabris.co.uk>; Antonella Santini <antonellasantini at me.com<mailto:antonellasantini at me.com>>
Cc: Anna Cury <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>
Subject: [CAUTION] Re: OWG Freehold - Next step for the lease change

This Message contains suspicious characteristics and has originated outside your organization.
________________________________

Roger,

Hope all is well. If you could please proceed to draft the surrender of the lease document mentioned below, that would be great. We have agreement on the freehold to proceed.

Separately, I did get the invoice dated October 5th. We will get back to you separately on this.

Regards

Sent from Yahoo Mail for iPhone<https://overview.mail.yahoo.com/?.src=iOS>
On Tuesday, October 9, 2018, 11:07 am, Flavio Cury <flavio_cury at yahoo.com<mailto:flavio_cury at yahoo.com>> wrote:
Thank you Robert. We will revert as soon as we have resolved the next steps.

Regards


Sent from Yahoo Mail for iPhone<https://overview.mail.yahoo.com/?.src=iOS>
On Tuesday, October 9, 2018, 9:31 am, Robert Haggis <Robert.Haggis at rradar.com<mailto:Robert.Haggis at rradar.com>> wrote:

Fabris

Ok understood. Thanks. If Mr Cury can let me know which route the freehold company wants to take. I assume the management company will surrender its lease and return it to the freehold company   and the flat will then go on the open market.

Kind regards
Robert
Sent from Mail<https://go.microsoft.com/fwlink/?LinkId=550986> for Windows 10

________________________________
From: family at fabris.co.uk<mailto:family at fabris.co.uk> <family at fabris.co.uk<mailto:family at fabris.co.uk>>
Sent: Tuesday, October 9, 2018 7:20:35 AM
To: Nkolika Oraka
Cc: Anna Cury; Flavio Cury; Robert Haggis
Subject: Re: OWG Freehold - Next step for the lease change

Thanks Nkolika for your answer.

Mr.Haggis,It seems that finally we can proceed with the proposed lease’s variation, (see below:)

The management company and the freeholder company can agree a surrender of the lease- this would mean the title reverts to the freeholder company. The freeholder company would then be free to either (i) grant a new lease to the management company without the restriction; (ii) sell the lease to a willing buyer- this would raise significant funds for the freeholder; or (iii) the freeholder company finds a tenant to rent the property to on an assured shorthold basis.

It was also agreed that, since now on, Mr. Cury is the OWG Freehold director point of contact with you.

Thanks!

Kindest regards

Fabris





On 8 Oct 2018, at 16:10, Nkolika Oraka <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>> wrote:


Dear Fabris,

Apologies for the delay in coming back to you.

As far as I have been made aware and understand it from Anna, Mr Norin has left the building. Anna are you able to confirm this again given that he handed you the key?

Ultimately Mr Norin has not been an employee of OWG since 30th September 2018 as result the Service Occupancy Agreement no longer applies as this was tied to his employment and that was the only basis upon which Mr Norin had the right to reside in the property.

As I further understand it the OWG Freehold was in agreement with the OWG Management Company and not Mr Norin as he was not a tenant, he was a Service Occupier.

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.




-----Original Message-----
From: family at fabris.co.uk<mailto:family at fabris.co.uk> <family at fabris.co.uk<mailto:family at fabris.co.uk>>
Sent: 08 October 2018 14:28
To: Nkolika Oraka <Nkolika.Oraka at rradar.com<mailto:Nkolika.Oraka at rradar.com>>
Cc: Ryan Harris <ryan at pjdtax.co.uk<mailto:ryan at pjdtax.co.uk>>; Flavio Cury <flavio_cury at yahoo.com<mailto:flavio_cury at yahoo.com>>; Anna Cury <anna_cury at yahoo.com<mailto:anna_cury at yahoo.com>>; Nanni Fabris <fabris38 at yahoo.co.uk<mailto:fabris38 at yahoo.co.uk>>
Subject: OWG Freehold - Next step for the lease change

Dear Nkolika,

How are you?.

I understand from Anna that you are dealing with Mr. Norin redundancy case last stages.

First of all, let me thank you for your patience. Let’s hope this is really the end of it.

Also, please, could you confirm to Mr. Harris that Mr. Norin has vacated the premises, the apartment is empty and the OWG Freehold is not bound by any tenancy agreement with Mr. Norin anymore?

As soon as Mr.Harris will receive your confirmation, he will be able to proceed with the lease change agreed by the Board.

Thank you for your help.

Kindest regards

Fabris
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The information contained in this message and any attachments is confidential and is intended for the addressee only. The unauthorised use, disclosure, copying or alteration of this message is strictly forbidden. If you are not the named or intended addressee and have received this message in error, please notify the originator immediately or telephone +44 800 955 6111 and then delete the message.
rradar limited is a licensed body authorised and regulated by the Solicitors Regulation Authority under license number 608114.
rradar limited is a company registered in England and its registration number is 07738271. Its registered office is 6 Beacon Way, Hull, HU3 4AE and its VAT registration number is : GB 214 672 420.
rradar limited makes every effort to ensure this message is virus free, but it cannot guarantee that this is the case. It is the recipient's responsibility to carry out such virus checks on this message and any attachments as it deems necessary. rradar does not accept any responsibility in this regard.


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rradar limited is a licensed body authorised and regulated by the Solicitors Regulation Authority under license number 608114.
rradar limited is a company registered in England and its registration number is 07738271. Its registered office is 6 Beacon Way, Hull, HU3 4AE and its VAT registration number is : GB 214 672 420.
rradar limited makes every effort to ensure this message is virus free, but it cannot guarantee that this is the case. It is the recipient's responsibility to carry out such virus checks on this message and any attachments as it deems necessary. rradar does not accept any responsibility in this regard.

The information contained in this message and any attachments is confidential and is intended for the addressee only. The unauthorised use, disclosure, copying or alteration of this message is strictly forbidden. If you are not the named or intended addressee and have received this message in error, please notify the originator immediately or telephone +44 800 955 6111 and then delete the message.

rradar limited is a licensed body authorised and regulated by the Solicitors Regulation Authority under license number 608114.

rradar limited is a company registered in England and its registration number is 07738271. Its registered office is 6 Beacon Way, Hull, HU3 4AE and its VAT registration number is : GB 214 672 420.

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