Edwin Cowper

Registered with Property118.com
Wednesday 3rd July 2013


Latest Comments

Total Number of Property118 Comments: 65

Edwin Cowper

11:45 AM, 28th August 2021, About 2 months ago

#EndOurCladdingScandal

There is no such thing as "the government" when it comes to paying. It is you and me. Is it right that ordinary working people, who may not live in a house they are buying, should fork out? If so, there must be a limit.

The thing which concerns me the most about this is the danger. If the cladding is not dangerous, then what's the fuss about? The lenders should be sorted out by the government on their lending criteria on non dangerous cladding.

"No other country with cladding has acted in this manner" Please tell me which other countries have not acted in this manner and what they did instead.... Read More

Edwin Cowper

20:05 PM, 10th July 2021, About 4 months ago

If you own a second or holiday home Wales is coming for you

This news is absolutely wonderful. Lets have it across all england too.

Young people and many older ones are completely priced out of the market across England. Esp Devon and Cornwall. Norfolk used to be a reasonable price but the newspaper said the other day the prices have gone through the roof (they have).

The government must DO something. Including measures like these and getting housebuilders to build houses we need not the four bedroom ones they want to sell us.

I have been a top ten builders solicitor and am a member of the conservative party... Read More

Edwin Cowper

15:12 PM, 3rd April 2021, About 7 months 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 7 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 8 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