Graham Bowcock

Registered with Property118.com
Saturday 22nd October 2016


Latest Comments

Total Number of Property118 Comments: 158

Graham Bowcock

13:58 PM, 10th July 2020
About 4 days ago

I told the police they were not allowed back to the property?

Reply to the comment left by SimonP SimonP at 10/07/2020 - 11:23
An AST can be for 10 years - see my comments in reply to Lindsay Keith.... Read More

Graham Bowcock

13:57 PM, 10th July 2020
About 4 days ago

I told the police they were not allowed back to the property?

Reply to the comment left by Lindsay Keith at 10/07/2020 - 12:09
There is no maximum length of an AST. BUT - if more than three years should be done by deed (needs to be written by a solicitor) and if more than seven years must be registered at the Land Registry.

If not executed properly, it will merely be an agreement for a tenancy (the validity of which would need to be interpreted by the Courts).

The name is a misnomer.... Read More

Graham Bowcock

11:09 AM, 10th July 2020
About 4 days ago

I told the police they were not allowed back to the property?

Hi Steven
I don't think it's a police matter to determine if somebody can or cannot occupy a house. I am surprised by the bail conditions, if this is indeed his family home.

As landlord you cannot unilaterally draw the tenancy to an end without a Court order (ultimately) so by barring him from access you are in the wrong. I have been involved with cases of landlords taking possession of property having assumed abandonment, only to be challenged (and losing) in Court. On that basis I do think you are in the wrong. If he has a tenancy you cannot bar him from access, whatever you think of his behaviour. The bail conditions are a matter for him and the police.

I do write as a tenancy adviser and, as ever with such situations, there may be more to it than meets the eye and you would need advice from somebody familiar with the bail process (luckily I am not) and criminal law.... Read More

Graham Bowcock

9:31 AM, 9th July 2020
About 5 days ago

Guarantor agreement still valid after rent increase?

Alex

It really depends on what the guarantor signed up to, so check the wording of the agreement. You can't assume that the guarantee covers any rent increase so you may need to take a new guarantee - if the guarantor is willing to sign it. They may be liable for the existing rent, but as I say it very much depends on the wording of the agreement.... Read More

Graham Bowcock

10:13 AM, 3rd July 2020
About 2 weeks ago

Switching AST to which contract type for tenants with Ltd co?

Hi Stamford

The logic here defies me. I am not sure why the tenant wants his company to pay the rent - does he think he can tax relief on it? If it's his own home then he's opening himself up to issues about benefit in kind. I know it's not your problem, but I wonder if he's really thought it through and had any advice.

From our point of view, why would you want a new start limited company as a tenant? What's in that for you? Very risky. If you do it then you certainly need the occupiers as guarantors.

As for the agreement, you're right that it's not an AST. You need a company let agreement. Personally I would get one properly drafted by a lawyer or chartered surveyor rather than relying on somebody else's, especially as you need a guarantor. The tenant should pay for this - I think that as it's not an AST, it will be outside the tenant fees ban (but double check).

Proceed with caution, though, as it doesn't seem like there's much in this for you.... Read More