Edwin Cowper

Registered with Property118.com
Wednesday 3rd July 2013


Latest Comments

Total Number of Property118 Comments: 63

Edwin Cowper

15:12 PM, 3rd April 2021
About a month ago

Can landlord claim back a COVID rent discount?

THIS IS NOT LEGAL ADVICE OR REPRESENTATION. IT CANNOT BE RELIED ON. THE LAW MAY NOT BE UP TO DATE OR CORRECT. READERS MUST OBTAIN LEGAL ADVICE
There has been a case in this already. It was in the High Court so binds County Courts. High Trees case 1948 Mr Justice Denning (Later Lord Denning Master of the Rolls). Each landlord and tenant will need to see if it applies. It created the Doctrine of Equitable Promissory Estoppel.

What does that mean? Well Lord Denning said that if a Landlord made an agreement to accept a lower rent then IF the Tenant relies on it TO HIS DETRIMENT then the Landlord cannot claim the money later and rely on the lease terms.

An example in the case was that the Tenant did not give up the lease and stayed on when it would other wise have left. Detriment could be all sorts of things.

There are a lot of cases on the issue after 1948. Good old Denning.... Read More

Edwin Cowper

12:43 PM, 13th March 2021
About 2 months ago

Permitted Occupier - or not?

So far, no-one has raised the issue: who pays the rent? If the daughter currently pays it, or pays it before death, then has a tenancy been created in her favour jointly with mother?

Mother dies. Daughter occupies and pays rent. Isn't there a danger of creating accidently a new AST? You don't need formal terms You don't need anything to create one apart from obviously a Landlord and a Tenant. They can be created by conduct not necessarily in writing. The tenant will have the provisions implied by law as to Landlord's repairs, and eviction and termination... Read More

Edwin Cowper

12:55 PM, 6th March 2021
About 2 months ago

HMO - single private dwellinghouse covenant refusal?

Ian Narbeth is the person who has understood the legal position. He says not all covenants are enforceable. Exactly so. As a former local government lawyer, this came up when people tried to split premises. Same principle on sale and licence. Get a good property lawyer who knows about restrictive covenants and their enforcement. Quite easy to decide actually. If the seller didn't contract with the council, thats a help. Just a bit of legal enquiry and thought needed to decide whether there is any ability to enforce... Read More

Edwin Cowper

10:38 AM, 20th February 2021
About 2 months ago

Beware of useless boiler maintenance contracts?

And another thing. If we get an engineer, then the price might be higher than they are willing to pay.

I also told them that there was a vulnerable person in the household but that did not change anything... Read More

Edwin Cowper

10:36 AM, 20th February 2021
About 2 months ago

Beware of useless boiler maintenance contracts?

British Gas maintenance contracts are useless too. BG has refused to attend a breakdown until 13th March. Yes, 13th March.

They have said in writing we can hire an engineer (why dont they do that) and send them the bill which I will have paid. In that case, why use BG and pay them? I have lodged a complaint and asked them for chapter and verse to say how they can simply pass the buck to me. All lawyers have the same qualifications, like heating engineers, but I wouldn't know who to use.

British Gas are pointless.... Read More