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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience:  Over 5 years in practice
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My daughter has separated from her husband and now in rented

Resolved Question:

My daughter has separated from her husband and now in rented accommodation. Does her husband have the right to inspect this premises
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
is there any reason you think he might?
Customer: replied 2 years ago.

is there any reason you think he might?

Yes, he announced that 'he has the right to inspect the property', but we believe he has ulterior motives - he is not trustworthy.

Expert:  Jo C. replied 2 years ago.
Well, this is obviously something for her to sort out. I wouldn't expose yourself to her bullets.
However, if this a property that she is renting and paying for herself then its nothing to do with anybody where she lives.
She is an adult and free to live anywhere she likes even at location not known to him.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Many thanks Jo. He has told us that his solicitor told him his parental rights included this clause. But we believe it was not legal advice.

She rents the flat and shares with a colleague (from her work) - her husband is going ballistic and making all kind of threats. I needed your advice before going to the police. Thank you.

Expert:  Jo C. replied 2 years ago.
Ah! If they have children then that is different.
He is entitled to safeguard the welfare of his child.
That has nothing to with checking up on your daughter. Its ensuring that his child is safe and he is entitled to do that
Customer: replied 2 years ago.

Thank you Jo. Sorry I should have mention the boys before.

Does that mean that he has a right to enter the property and inspect the interior?

Expert:  Jo C. replied 2 years ago.
No, but he can make an application to the court to address any specific concerns he has.
He can always apply for residence on the basis that the accommodation is unsuitable.
There is no obligation to let him inspect. I suppose letting him inspect may head off wild allegations that he may make. Difficult to say really. It might just encourage more.
But he certainly is entitled to be confident that his children as living in suitable accommodation.
Customer: replied 2 years ago.

Many thanks Jo. I so needed to get the legal stance on this.

Great work thanks

Expert:  Jo C. replied 2 years ago.
No problem. All the best.
For what its worth, accommodation does have to be pretty before a court will say its unsuitable.
Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience: Over 5 years in practice
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