Graham Bowcock

Registered with Property118.com
Saturday 22nd October 2016


Latest Comments

Total Number of Property118 Comments: 115

Graham Bowcock

10:41 AM, 18th September 2019
About A day ago

Does Multi occupancy/HMO affect property value?

Hi Sofia
Like many questions on this forum there is presumably some background, and probably a massive pile of paperwork. It is not clear if the other leaseholder is now trying to simply rectify a previous error or is asking for something new. If the former, then it is unlikely you will be due a premium; if the latter then you could make some charge (at least for legals) to get the paperwork dealt with.

As for the issue of value, and perhaps compensation, this will turn on what has been agreed before and whether or not you are in breach.

There is a danger is asking simple questions in isolation; you really need your solicitor to read the lease and variations and then confirm your current entitlements and obligations.... Read More

Graham Bowcock

15:12 PM, 17th September 2019
About 2 days ago

Agent responsibilities for turning off electrical equipment?

Hi Michael

Whether or nor your managing agent is liable will depend on your agreement with them. It is unlikely to be specifically stated that they will check things are off, but a good agent would do that as a matter of course. There may be things left on, however, that cannot always be noticed (an immersion heater may be a good example if the switch is out of sight).

Was anyone checking the property whilst vacant? if so, could they have spotted what was causing the issue? As Ian says, do you know what was causing the issue?

From a liability point of view, unless this was actually flagged with your agent, or they agreed to check, you may have to chalk this up to experience.... Read More

Graham Bowcock

11:11 AM, 11th September 2019
About A week ago

Do I have to supply the boiler room key?

Reply to the comment left by Mike at 11/09/2019 - 10:57
Hi Mike

I quite agree with you. I think the posted has used two different threads. The one I replied to gave the impression that the property was a standalone. As I said, this posted really needs some good local advice!... Read More

Graham Bowcock

8:53 AM, 11th September 2019
About A week ago

Do I have to supply the boiler room key?

Hi Lilia

Your question raises many more questions. The first of which was posed by Luke! Without being rude, do you know what you are doing?

It sounds like you could use a good local agent to steer you through the minefield of lettings.

Do not confuse the different issues here as that is a recipe for disaster, for example not agreeing to things because the tenant hasn't done what you wanted.

I assume this is a straightforward residential property (flat or house) and not a HMO.

Contract - if you bought the property with a tenant, you cannot compel the tenant to sign a new agreement with yourself. You will have taken to the terms that existed previously. Yes, it would be good practice to get a new agreement, but you cannot unilaterally insist on it. I hope that your predecessor got the compliance bits right, otherwise you will have a problem in securing possession.

Unless there are some extenuating circumstances that you have not revealed, the Council is unlikely to help you.

As for the boiler room, if this is a standard domestic boiler it would be logical for the tenant to have a key. Oddly, I had to tend to my own boiler at 4am this morning; it had to be reset as it was running a water pump. I'm not a gas engineer - this is a householder operation. Boilers often need repressurising (again done by the tenant) or adjusting for season - jobs not done by gas fitters.

What do you think she is going to do to it? You need to be careful not to deprive the tenant of hot water and heating (fundamental provisions of a tenancy). What would happen, for example, if you were on holiday? There may be reasons why you cannot give the tenant a key, perhaps the boiler is more commercial or shared with others, or perhaps located away from the property, but you do need to think carefully about this.

Have you got a gas safety certificate? If not, get one urgently. This is a serious issue.... Read More

Graham Bowcock

16:49 PM, 5th September 2019
About 2 weeks ago

Can I cancel the tenancy agreement if deposit not paid?

Hi Louise
Whether you can cancel the agreement or not will depend on whether it has been completed. Completion usually requires both parties to sign the agreement and for it to be dated. Generally if only one party has signed then completion has not occurred. If you are now not willing to complete (for obvious reasons) then I suggest you confirm this clearly in writing to the tenant, advising that you do not consider the agreement complete.

Most landlords would not complete an agreement until all monies due (usually rent and deposit) had been paid and actually cleared.

I am assuming that the tenant has not moved in, of course - if they have then completion may well have occurred by virtue of the facts.

NB - if you have concerns please speak to a lawyer. I am merely an experienced chartered surveyor and landlord but not legally qualified.... Read More