Graham Bowcock

Registered with Property118.com
Saturday 22nd October 2016


Latest Comments

Total Number of Property118 Comments: 109

Graham Bowcock

10:22 AM, 12th July 2019
About 2 weeks ago

Agent sells out - What are the legal consequences?

Hi Stephen

There are many points to your question.

At the very least the agent has shown poor form on communication with yourself and other clients. This does not necessarily mean there is anything untoward going on. Businesses do get bought and sold.

It may be that the agency agreement you had simply transferred to the new company, so all terms that you signed up to are still binding.

My advice would be to meet the agent and find out exactly what they have done. You need reassurance that matters will be handled properly, but clearly you have doubts.

I don’t see that this is a police matter. Unless there is fraud, it’s quite simply a contractual matter between you and the agent.

The change of tenants without your involvement is unusual so you do need to investigate this. Check your TOB to find out how such changes are supposed to work.

It is understandable that you have these questions, but there might’ve rational answers.... Read More

Graham Bowcock

16:46 PM, 27th June 2019
About 4 weeks ago

Can I refuse viewings or photographs being taken?

Hi Samantha

I don;t think your concerns are unreasonable; as others have said you have the right to quiet enjoyment. Your tenancy may well refer to you doing viewings, but it would be difficult for a landlord to enforce and, even if you agree there do need to be limits as to numbers and times.

In my agency days we always agreed with existing tenants that we would do a mall number of viewings at agreed times; we never had free range of houses which are occupied. If a tenant did not want photographs taken we did not take photographs. We always worked hard at maintaining relationships with our tenants until they had left.

Where we had landlords trying to compel us to do viewings beyond what we felt was reasonable we always spoke openly with both parties to try and agree as much as we could but reminding landlords that the tenant could refuse outright (irrespective of the tenancy clauses). I am landlord myself so know the score, but some landlords do want their cake and want to eat it.

I suggest you outline your concerns to the agent and set out your ground rules (without seeming too unreasonable). A good agent will listen to you and act accordingly.... Read More

Graham Bowcock

10:52 AM, 21st June 2019
About a month ago

Fake reference tenant insists on paying agent and not us?

Hi Alex

I don't suppose that the agent wants to receive the rent erroneously as this will be a pain for them (and some costs and liability. I think I'd ask the agent to write (or even meet if it's local) the tenant to explain that the agent will not accept rent payments.

Unless, as Dylan says, there's more to it; why would the tenant not want to pay the landlord? It is possible that the tenant had the agent's details for payment of the first month's rent/deposit, or may have been a tenant of the agent previously. However, the tenant needs to be told in no uncertain terms to pay rent to you and the agent needs to be told not to accept rent.

You could serve notice of the landlords details; hopefully these are in the tenancy agreement, but just as a belt and braces.

Alternatively if there is something bubbling up that you have not revealed, if the tenant is paying rent to the agent, agree a modest fee for the agent to continue collecting it. That way you've more chance of getting it.... Read More

Graham Bowcock

11:58 AM, 4th June 2019
About 2 months ago

Land for the Many - Not for Landlords

This is incredibly worrying, having spent 25 years building a decent business. We have great tenants and mutual respect; we deal with repairs promptly, we improve houses, we get the rent paid. If people like me start withdrawing from the sector where will those tenants go?

My wife and I had decided to maintain our business in the light of others leaving, hopefully ensuring that rents stay up and our profit remains strong (but perhaps not strong enough when considering our significant investment and the risk). However, we may now review as holding houses seems to be getting riskier by the day.... Read More

Graham Bowcock

17:55 PM, 31st May 2019
About 2 months ago

New AST questions post June 1st

Hi Fiona

We always name all occupiers over 18 as tenants; as Rob said, you then have a contractual relationship. If bread-winning husband disappears you still have someone who you can take action against and deal with on a formal basis.

I've worked with an agency who used Permitted Occupiers in their agreements but got them to stop. It's a bit meaningless in my view.... Read More