A CRIMINAL tycoon’s son is at the centre of a nasty row over claims he hired “armed thugs” to “burgle” a £1million Chelsea flat.
Nicholas Van Hoogstraten’s son is embroiled in a bitter dispute over a loft extension on the luxury London pad, in Finborough Road.
Champion News Service LtdMax Hamilton, son of Nicholas van Hoogstraten, denied all wrongdoing[/caption]
Champion News Service LtdMaria El Massouri claimed Omani Estates Ltd ordered ‘thugs’ to break into her flat[/caption]
Provided on research/identification service basis only by Champion News Service LtdThe Chelsea flat sits on a street where the average property sells for £1million[/caption]
London’s High Court has heard the Van Hoogstraten family company used “armed thugs” to trespass onto Maria El Massouri’s property.
The conflict has arisen due to the Van Hoogstraten family company – Omani Estates Limited – owned by eldest son Max Hamilton – claiming they own Mrs Massouri’s loft conversion.
Mrs Massouri alleged Omani Estates Ltd have “repeatedly arranged for agents to burgle her flat, removing its front door and later for armed thugs to smash security cameras from its walls”, the court heard.
The resident has now sued the Van Hoogstraten company for damages, and a confirmation she owns the loft room through adverse possession – more commonly known as “squatter’s rights”.
Omani Estates Ltd denied all wrongdoing and claimed Mrs Massouri is the “trespasser” and they are counterclaiming for proof they own the space.
While they admit to the scaffolding, removing a door and erecting a wooden barrier across the stairs – they deny using “thugs” to break in.
FAMILY RUN BUSINESS
Omani Estates Ltd is run by four of Nicholas Adolf von Hessen’s children.
Britannia Hamilton, 33, Richmond Hamilton, 33, Alexander Hamilton, 36, and oldest son Max Hamilton, 38.
Their father was an infamous property tycoon who amassed a net worth of around £800million in the early 2000s.
He became notorious for his poor treatment of tenants and has been locked up behind bars in the past.
In his previous dealings with the law, a judge once described Nicholas as a “self-imagined devil” who views himself as “an emissary of Beelzebub”.
It became necessary for Ms Massouri to seek, ex parte, an injunction to restrain Omani Estates Ltd after the company repeatedly arranged for agents to burgle her flat, removing its front door and later for armed thugs to smash security cameras from its walls”
Hugh Jackson
The criminal was caged in 2002 for manslaughter after his former business partner Mohammed Raja was shot and stabbed to death on his doorstep in 1999.
However, the Court of Appeal overturned the conviction a year later and he walked free.
Mr Raja’s family then sued in civil court and von Hessen was forced to pay them £6million.
He also served time for paying a gang to throw a grenade into the Brighton house of Rabbi Bernard Braunstein because his son owed him money.
EXTENSION ROW
The extension was actually completed in 2002 when Mrs Massouri was granted planning permission, the court heard.
What are your rights?
Planning permission guidance according to gov.uk
You will need to request planning permission if you wish to build something new, make a major change to your building or change the use of your building – for example starting a business.
To find out if you need planning permission you should contact your Local Planning Authority through your council.
If planning permission is refused you can appeal.
You are able to appeal if you were refused planning permission for reasons that you think go against the LPA’s development plan or planning policy (you can usually find these on their website).
You can also appeal if you were granted planning permission with conditions you object to – you’ll need to explain why you think they’re unnecessary, unenforceable, vague, unreasonable or irrelevant.
Another ground for appeal is if the LPA has not given you a decision on your application and 8 weeks have passed since the date they told you they’d received it (or a different deadline you agreed with them has passed).
Mrs Massouri and her late husband later discovered there may be another lease owner on the space they built into.
However, when the couple attempted to make contact, they thought the mystery owner “may not exist” as it was impossible to track anyone down, argued Mrs Massouri’s lawyer Hugh Jackson.
This led the homeowner to apply for squatter’s rights over the extension in 2020.
Omani Estates Ltd then made a “complaint” for the first time in 18 years and accused Mrs Massouri of trespassing.
They claim the company bought the lease in 1996.
The fact that she has extended past the demise, if you don’t own something, would you build into an area that was not part of your lease?”
Max Hamilton
Mr Jackson told the court: “It became necessary for Ms Massouri to seek, ex parte, an injunction to restrain Omani Estates Ltd after the company repeatedly arranged for agents to burgle her flat, removing its front door and later for armed thugs to smash security cameras from its walls.
“Later still, the defendant had arranged for contractors to erect scaffolding to the rear of the building on top of the rear extension forming part of the garden flat, and to enter the mansard accommodation, breaking the balusters in the stairs to the mansard and installing a horizontal partition on blocks, separating the mansard from the part originally leased to the claimant and her late husband.”
COUNTERCLAIM
While Mrs Massouri is fighting for an order stating she owns the loft space, Max Hamilton argues she doesn’t.
He told the judge he never ordered anyone to “burgle” the property.
Mr Jackson asked Mr Hamilton how workmen had not trespassed in order to install the wooden “horizontal partition with blocks supporting it on the stairs”.
“They were instructed not to enter Ms Massouri’s property,” Mr Hamilton replied.
To the extent that it is alleged, it is denied that the defendant and/or its agents attended the property and/or instructed any third party to do so on their behalf”
Omani Estates Ltd
Mr Jackson told he court how Mr Hamilton’s father had been known to drive out tenants by removing their stairs.
The lawyer also spoke of Von Hessen’s alleged derogatory comments towards tenants – who he called “scumbags”.
He also presented a letter to the court written by Omani Estates Ltd co-director Alexander in which Mrs Massouri was referred to as “a fraudster”.
When asked if he agreed, Mr Hamilton said: “The fact that she has extended past the demise, if you don’t own something, would you build into an area that was not part of your lease?”
‘UNLAWFUL’
Omani Estates Ltd still argue Mrs Massouri’s extension is “unlawful” and she has “no legal estate or interest in the roof area”.
The company added it was necessary to remove her door because she was a trespasser.
In a statement they claim: “The door was removed from its hinges by third party contractors, but the door was not damaged or removed from the property.
“It is admitted that the partition was erected by the defendant’s third party contractors.
“The scaffolding was erected only upon areas included within the defendant’s demise.
“The third party contractors were expressly instructed not to enter the premises demised by the second floor flat lease.
“To the extent that it is alleged, it is denied that the defendant and/or its agents attended the property and/or instructed any third party to do so on their behalf.
“The defendant has a right to possession of the extension in so far as it is situated in the roof area.
“The claimant occupies the trespass land without the defendant’s licence or consent.”
Judge Caddick is set to deliver his verdict at a later date.
Notorious slum landlord Nicholas Van Hoogstraten Published: [#item_custom_pubDate]
