The lesser has previously granted leases or intends hereafter to grant leases of the flats in the building OTHER THAN THE PREMISES HEREBY DEMISED AND OTHER THAN THE HOUSE MANAGER'S FLAT.
That should indicate quite clearly (especially to a legally trained person such as Carol Crowe) that the granting of a lease to a House manager's flat is specifically excluded .
So how did it possibly come to be, that despite this restriction a lease was granted for the House Manager's flat?
Having granted a lease that had no lawful basis, About Peverel understands the property was mortgaged to RBS.
When a valuation was given to RBS, was RBS made aware that the property had a restriction attached to it, in that it was for the sole use of a live in House Manager, and thus without an agreement from residents to dispense with a live in House Manager, could not be sold on the open market?
Carol Crowe will be aware of the Fraud Act 2006.
a) Dishonestly fails to disclose to another person information which he is under a legal duty to disclose or,
b) Intends by failing to disclose the information
To make a gain for himself or another
To cause loss to another or to expose another to a risk of loss.
Carol Crowe has admitted that Sarah Whitehouse stood to gain financially if she persuaded residents to dispense with the residential House Manager.
In her submission to the residents, Sarah Whitehouse did not disclose her financial interest. Nor was it disclosed that Peverel/Firstport would profit from the sale of the House Manager's flat?
Indeed it was intimated that the flat was the property of Proxima, when it was Peverel/Firstport that held the lease?
Presuming Carol Crowe would have had an input in the whole residential manager's flat sell off process, it would be of interest to note as to whether she instructed Sarah Whitehouse to disclose all information to residents?
And if she didn't, doesn't that make Carol Crowe equally guilty of a serious breach of the Fraud Act 2006?
About Peverel would urge Keith Shields to have a close look at this and take appropriate action .
We are of the opinion tat the actions of Sarah Whitehouse and Carol Crowe warrants summary dismissal(unless of course , any of them have jumped first)
