Edwin Cowper

Registered with Property118.com
Wednesday 3rd July 2013


Latest Comments

Total Number of Property118 Comments: 50

Edwin Cowper

10:45 AM, 20th April 2020
About 4 months ago

Police won’t accept it’s theft?

You might find it useful to contact the others with ccjs if you can, and get them to tell their stories to you and the police. That would help to show this is a deliberate pattern, which I suspect it is.

As a lawyer, I suggest that you return to the police and say you have been advised by a lawyer (me) that this appears to be theft. You should also say that the lawyer says this is likely to be the tip of an iceberg, from his experience dealing with fraud.

None of this is going to get you your money of course, but it may get you the satisfaction of getting her prosecuted.

Insist on speaking to whoever is above the officer you have dealt with and if that person won't authorise investigation, go to the next highest one and so on.

If you are faced with a continuing refusal, then make a complaint then and there.

If you still can't get anywhere then write to your MP.

In the big fraud case at the beginning of my career, the police initially refused to investigate. A lot of pressure was put on them, and the directors and the accountant were after some time held at her majesty's pleasure. And we ended up getting the money too.

Some of the posts refer to investigating the person's financial position. If it is a limited company, if she has walked off with the money she still can be prosecuted.... Read More

Edwin Cowper

12:37 PM, 7th March 2020
About 5 months ago

Definitive answer on live-in landlord status?

All of these posts suggest to me that you need proper expert specialist advice. Spend the money. Not doing so puts you and property at risk. I know someone who saved himself £350 by not paying fees. He has lost about £60,000 as a result... Read More

Edwin Cowper

14:45 PM, 29th February 2020
About 5 months ago

Upstairs refuse to claim on their insurance for damage?

You have flagged up an insurance matter which I would have flagged up when I was a lawyer acting for purchases of leasehold property: The block should always be insured as a whole. That ensures that there is cover for all properties (if someone does not insure they almost certainly will be unable pay any damages) In individual lease covenants it is often difficult or impossible to find out whether there is cover or not.
Also the insurance may not cover the whole of the property. For example, in ground floor leases does it cover the foundations? In top floor does it cover the roof space and roof?
Far better to have whole building insurance with tenants to reimburse the premium. Far safer.
Also issue in individual leases of enforcing a claim, If there is insurance, the other owner cannot force the tenant to make a claim.
Repairing covenant - this should be the landlords for structure, and re-imburse. Otherwise how can repair be enforced, except by possibly indemnifying the landlord to claim against another tenant?
I advised clients against buying if there was no satisfactory insurance and/or no satisfactory repair covenant.
In one investment block in Manchester I had to advise my multiple clients not to buy flats for those and other reasons, and they had to take the block off the market and redraft all the documents
<... Read More

Edwin Cowper

14:24 PM, 29th February 2020
About 5 months ago

I decided to go Ltd Company route?

Mark Alexander points out that the owner here should take legal advise before proceeding.
I have been surprised that so many people with clear legal issues just go along on their own. or rely on advice from "whats-his-name"
Even small landlords are dealing with high value assets. Yet they don't get legal advice. The cost of the advice compared with the cost of getting it wrong are minute. You can always get a quote.
Whilst one of the benefits of this site are that you know you are not alone, some of the advice on this site has been legally wrong, or did not pick up the easier route through the issue.
I am a lawyer - no longer giving advice to the public - so no personal axe to grind.
If you get paid advice and it is wrong, there is likely to be a claim against the adviser. If you don't have an adviser, you can only claim against yourself... Read More

Edwin Cowper

20:56 PM, 21st December 2019
About 8 months ago

Our right of way blocked by a conservatory built by neighbour?

I would go to a good solicitor. Someone who is aggressive. Someone who really fights for their client. The law here (if the facts are correct) is quite clearly in your favour. But you need the right solicitor to get a result. Someone additionally needs to consider whether additionally you can use self help, and what that can be.... Read More