Graham Bowcock

Registered with Property118.com
Saturday 22nd October 2016


Latest Comments

Total Number of Property118 Comments: 103

Graham Bowcock

13:37 PM, 21st May 2019
About 2 days ago

No tenant referencing, no consent and no friend?

This sounds like a serious case of misrepresentation and you need to deal with it urgently to get to the bottom of things. If the person you dealt with held themselves out as the owner of the agency I think you should raise it with that agency so that they know what their "friend" has been doing.

It begs lost of questions about the money aspect - who collected the rent and deposit? Who's bank did the money go into? Who raises invoices to you? Do invoices have VAT on? There may be a whole raft of fraud here.

It is always unwise to start a management contract without signing Terms of Business. No agency worth using would ever not provide TOB.

In the circumstances I think I would either self manage or appoint a proper agent to do the job. I hope you have a postal address for the fake agent; personally I'd write in the most robust terms (or better still get your lawyer to do it) setting out your position, removing any responsibility and confirming you will hold them responsible for your losses.

In response to your questions, you have referred to "the agency", but before you can take any action against them you will need to know if they were involved. Are they perhaps an innocent party, or did they collude with the "friend" in their dealings with you? If they knew what was going on then by all means have a go at them too.... Read More

Graham Bowcock

12:53 PM, 13th May 2019
About A week ago

Has agent any responsibility for referenced tenant?

Hi Ken

Firstly, check the ToB that (hopefully) you agreed and signed with the agent and see if their liability is stated or limited.

Secondly, if they did what they were supposed to in terms of referencing, in fairness it's not their fault that the tenant has not paid. It happens, I'm afraid - part of the joy of being a landlord.

If the agent missed something in the referencing then the position may be different and there may be some obligation on them.

I suggest you clarify what went on then visit your agent to discuss and agree a way forward, just don't necessarily expect them to reimburse you the missing rent.... Read More

Graham Bowcock

9:28 AM, 9th May 2019
About 2 weeks ago

Back out from successful bid on auction property?

What were intending to do with it in the first place?

If an immediate sale will yield you a loss (think about the sales and legal costs as well as the price) then you may as well get it rented out. You could then get an income from your investment. Over time the value may rise to allow you to get your money back.

BUT - if you let it please take advice!... Read More

Graham Bowcock

15:24 PM, 7th May 2019
About 2 weeks ago

Tenant complaining of rats and that I can't turn up?

I don't see how knocking on the door to ask some questions about a reported problem can infringe the tenant's right to quiet enjoyment. I wonder what she's hiding! If it's during reasonable hours I can't see why she would object. You can't enter unless she allows you, but before talking talk to her it may polite just to say something "do you mind telling me more about....". Obviously if she's cooking the kids' tea or just on her way to work then she won't want to talk.

As for the electric bill, the correct action would be to notify the electric company of when your responsibility ended, with dates and meter readings, then pass the supplier the tenant's name. Although you say she failed to transfer the name, so did you - and the bill's still in your name! She's not obliged to pay a bill in your name. Perhaps she's a bit pedantic, but it shows the measure of the lady you are dealing with.... Read More

Graham Bowcock

9:51 AM, 24th April 2019
About 4 weeks ago

Leak left - Grounds for redress against agent?

Hi Kathy

As with all such queries, the correct response will turn on the facts; you say that you "assume" the damage was caused by the failure of the agent to sort a leak out, but I suggest you establish the full details for yourself.

It is likely that you agent would be liable for a failure if they had been instructed to deal with a repair and had not done so with timeliness, although you will need to check your terms of engagement with them and make sure you have good record of what was instructed and when. You will need dates, names, etc. to confirm your instructions. Ideally emails will have been sent to support your position.

I have a similar case (as a surveyor) where a property was left empty by an executor and suffered severe water damage because it was not properly managed. The beneficiaries are claiming against the executor and solicitors advice is that there is a liability here.

If the agent is not willing to engage then have you looked at your insurance? It is quite likely that the consequential damage will be covered (not mending the original leak) under your policy. This may be the quickest route to getting things put right; again I have some experience and found that insurers will send in specialist flood restorers with dehumidifiers, fans, heaters, etc. and get the job done properly. This may save you hassle with your agent and get a better job.

Hopefully your agent will fully co-operate to minimise disruption and cost to yourself.

Good luck
Graham... Read More