How St Marylebone Property Co. treated one of their tenants.

A catalogue of distressing events over the past two years

CLICK HERE to download the check-in report carried out by the Landlord on 1st March 2022.

Just one example of how they treat tenants below

The check-in report of the 1st March 2022 states that the room radiators are not working. The radiators were replaced on the 17th December 2022
How did it take over 9 months to replace them?

Examples of the Landlord's inaction below:-
These items are listed in the email of 24th March 2022 to Andrew Stevens of Eddisons
1. The radiators were not working. Replaced on 17th December 2022 - almost 10 months
2. The oven was not working. Fixed by my contractor in October 2022 - 8 months
3. The intercom was not working. Fixed in December 2022 - 10 months
4. The toilet seat was defective. Replaced in March 2024 - 2 years
5. The wardrobes were unuseable. Fixed in July 2023 - 17 months
6. The mirror behind the hobs. Replaced in July 2023 - 17 months
7. The place was filthy - I cleaned what I could - Still areas from the check in report.
At no time did anybody from Eddisons, the managing agents, or the Landlord come to inspect my complaints. My only recourse was to withold the rent until they fixed all the problems.

Defamation

Truth is an absolute defense to defamation. Because defamation is a false statement of fact, truthful statements are, by definition, not defamatory. This standard gives the person who made the statement some leeway—as long as a statement is "substantially true," it can contain minor inaccuracies without being defamatory. (courtesy of NOLO - established lawyers specialising in all aspects of the Law)

Image as shown in check-in report dated 1st March 2022.

Image of toilet showing bacteria/fungus

Picture taken on 18th June 2023 by my son

Image showing that the hinge is defective and the fungus/mould

Picture taken on 18th June 2023 by my son

Image as above but further away.

Picture taken by Action Response on 31st July 2023

This picture shows very clearly the line of the bacteria/fungus on the rim of the toilet. No new fittings were replaced. Another untruth. Why are the new fittings not shown when the title of the picture is 'New toilet seat Fittings' Why was the toilet seat assembly completely removed by Action Response on 5th October 2023?

Picture by Action Response on the 5th October 2023

Again the bacteria/fungus is clearly shown in this photo. Why did they remove the complete toilet seat and fittings that they said that they replaced in July 2022? Answer: They told an untruth about replacing the fittings. The only time that I have made the toilet seat slide seriously was when the seat slipped and I made contact with the bacteria/fungus which has led to my current dilemma. Allegations of me purposefully breaking the toilet are both untrue and beyond belief.

Picture taken on 10th October 2023 after seat removed by Action Response on 5/10/2023

Image shows the fungus/mould very clearly

Image of toilet from under the rim taken on 28th January 2024

A disgusting image of the fungus/mould.

Image of toilet on 28th January 2024

Another view of the bacteri/fungus hidden under the toilet rim.

Image of toilet with date of 10th February 2024

It is the same toilet as shown in the check-in report.

Image of toilet smashed by me on 10th February 2024

I put the case number of K04CL303 on the toilet before I smashed it.

I had planned to completely leave the flat as I did not wish to risk re-infection of the Infectious Colitis that I had contracted from the toilet. Which I did on the 6th February 2024.Although I quit the flat on the 6th February 2024 I occasionally visited the flat to collect mail. I had been informed by Jason Grey of Action Response that the toilet had to be replaced as there was no way to fit new hinges. I smashed the toilet as I did not want anybody to contract Colitis.

Please find details below of how St Marylebone Property Company operate.
St Marylebone Property Co. in their response to my counterclaim state the following under Claim 11:-
'The Defendant repeatedly broke the wc seat and the contractor attended to fix it.

It is not admitted that the wc unit required replacing nor was it the responsibility of the Claimant to do so.

It is for the Defendant to prove it it the Claimant's responsibility to replace the entire WC'

'The Defendant repeatedly broke the wc seat and the contractor attended to fix it. My response:- I first reported the problem of the toilet seat slipping on the 24th March 2022 to Andrew Stevens. As I have had a lamenectomy this causes me great pain. Every time I went to sit down it would slip. The idea that I broke it is almost comical. The fact that I reported it on the 24th March 2022 by email and that the photo taken by my son on 18th June 2023 clearly shows that the hinge has slipped because it lacks a proper seal.

It is not admitted that the wc unit required replacing nor was it the responsibility of the Claimant to do so.
Jason Grey of Action Response informed me on the 31st July 2023 that the whole toilet needed replacing. He explained that the seals to the hinges which held the the toilet seat to the toilet bowl had perished. He went on to explain that on that particular model of toilet you could not simply replace the hinge assembly. It would require a new toilet. He re-iterated that again in October 2023 when Action Response removed the toilet seat.
It is for the Defendant to prove it it the Claimant's responsibility to replace the entire WC'
Under section 26.3 it clearly states that it is the Landlord's obligation to repair and keep in proper working order sanitary conveniences.

Work carried out by Action Response

Job 1 Date - Early March. Not sure of the exact dateAn engineer changed all the missing light bulbs

He determined the following problems.
1.The radiators in the bedroom and the radiator in the living room were not working.
2. The Oven was not working.
I mentioned other problems but he stated that they were not in his area of expertise.
The washing machine problem, the intercom, the loose toilet seat, the wardrobe problem and the area behind the hob.

Job 2 Date - 31st July 2023- Jason Grey & Carlos

Carlos replaced the splashback and Jason refigured the wardrobe so that it was useable. Jason stated that on that particular model of toilet it was not possible to just replace the hinge. He said that it required a new toilet.

Job 3 Date 5th October 2023

- I have never come across such a range of pathetic untruths that seeks to besmirch my character. I cannot deny that I am an elderly male occupant. I do however deny the obvious untruths stated in their report. I have never seen expanding rubber fixings as it is a complete fiction. Why was the seat removed when it was allegedly replaced in July 2023? - Because it was not replaced. Why was the seat not replaced in October 2023 on Job 3. How could Action Response leave the toilet without a seat for 3 months before replacing it. Particularly as the Bacteria/Fungi was more noticeable with the seat removed. It is sad how far these contractors are prepared to go to tell untruths for their paymasters.

Communication with Action Response

On the 11th March 2024 I arranged with Eddisons for me to come to the flat so that Action Response could install a new toilet as the old toilet could not have the seat replaced. Before I allowed the workforce into the premises I said that I wanted a written assurance that Action Response agreed that I had not in any way damaged the toilets. I requested this as I was accused by Susan of SMPC of breaking the toilet. An obvious untruth but I sought a written confirmation to that effect before I let them in to carry out the replacement . I was rung by Jason Grey who assured me that I had his word that he would make sure that he would confirm my innocence. As a result I let the workmen in to complete the work. Jason Grey has obviously changed his mind to my detriment. I may be elderly but my word is my bond.

To be fair to St Marylebone Property Company I have sent them an email as below: I will not publish my Counterclaim and their Response to my Counterclaim until I have given them the chance to give information that will enhance their case:-

Dear Susan
Before publishing the Claims and counterclaims, I would like to give you the opportunity to send evidence of some of the points raised in your Response to defence and Counterclaim of the 18^th March 2024.
Paragraph 2: Please send copies of the emails that you have sent to me.
Please send dates on which you have sent your contractors, their mission and copies of their photographs
Paragraph 4: Please confirm that a representative from Action Response removed the toilet seat in October 2023.
Paragraph 5: Please give dates when the items listed in that email were sorted out. Please list the items for which the Claimant is not responsible.
Paragraph 10: Attachment A: Please supply the evidence relating to the date of initial occupation.
Attachment B: Please supply the photographic evidence taken by the Contractor that you mentioned.
Best wishes
Roger

Email sent 22th April by SMPC>

Dear Sirs,

I was not in the office on Friday or over the weekend.

To clarify, have you returned the key to surrender your lease?

My client takes defamation against the company name very seriously and is taking advice on how to proceed. It is noted you say you have now published information.

My client is also considering its position generally in the light of your new correspondence. As you are fully aware the entire wc unit was replaced last month and indeed a grab handle was even installed at this time on 11^th March 2024. Hence you comment about the wc having the same marks is not understood.

It appears that you are now disputing that work has been done to repair the wc. Hence attached herewith is the workman's report with photographic evidence that the work was completed.

Kind regards,

for St Marylebone Property Company Ltd

Susan Sivapalan

Solicitor

St Marylebone Property Company Ltd

5 Harley Place

London

W1G 8QD

email from ROGER THERRIEN on 24th April 2024
To: SMPC Legal

Dear Susan
We have covered this aspect.
Defamation is where a party seeks to blemish the reputation of a person or entity.
It is the only means at my disposal to contradict the untruths that exist in your version of events. You are a Public Limited company and should behave as one. You have have brought an action against me and I need to show the reasons why I have not paid the rent on time.
The website that I have created is to enable all parties involved to be able to view the facts and in particular to give St Marylebone Property Company the opportunity to respond.
I simply do not understand what you mean by 'the wc having the same marks'
What is this nonsense about me disputing the fact that you replaced the Toilet on the 11^th March 2024?
Please find copy of a section of the email that I sent to you on the 20^th April

'I am not a legal expert but it would seem to me that you have made the Agreement null & void by not keeping your side of the agreement. The reference to sanitation in 26.3 in particular is relevant. You were informed by email that there was a problem with the toilet in an email sent to Andrew Stevens on the 24^th March 2022.

It was not replaced until 11^th March 2024.'

This is not defamation - this is exposing your untruths.

I notice that you only send evidence (albeit wrong) when you choose to. You do not for example send any other information that I have requested concerning Action Response including dates & job sheets & photos for example.

Best wishes

Roger Therrien

Email to SMPC on 23rd of April 2024
Dear Susan
I shall be publishing your Claim and your Response to the Defendants Counterclaim in full next week.
This gives you time to bring about a Defamation action and to supply answers to some of the questions that I have raised.
Best wishes
Roger Therrien