How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

A, then, friend (which has been staying with us) we have asked

Resolved Question:

A, then, friend (which has been staying with us) we have asked to leave our house has told the council (in hope of having them house him) that he is our 'tenant'.
This is not true but that's not the purpose of this question.
He also thought by telling them he was living in bad conditions (which he isn't) they would move him faster.
We then got a letter from an environmental health officer saying they are to inspect the house (tomorrow)..I rang them and asked why ..they said because my 'tenant' had complained.
I told him I do not have a 'tenant' and he replied that the guys said he was a 'tenant'.
Can I refuse the health officer entry until he can show legal evidence that we have a tenant (as opposed to just a friend staying)? ie that either the friends account or my account of events is true.
Could allowing him into our home constitute any admission to being a 'landord' or add weight to the health officers belief?
John
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello John my name is ***** ***** I will help you with this.

Alex Watts :

I assume you are living at the property too?

Customer:

Yes we are

Customer:

Yesterday my question was regarding getting him out armed with the answer he has now found somewhere and we are just waiting credit checks etc (if he's being truthful)

Customer:

hello?

Customer:

I dont seem to be getting any replies even though above it says a response has been made but not here??...this is bad...??

Customer:

I don't think this chat is working

Customer:

sheesh.......do I start over?..I used to get like email type answers this is bad

Alex Watts : I am here, can you see me?
Customer:

hi yes

Customer:

as I was saying

Customer:

Yes I do live in the house..(its my home)

Alex Watts : Ok. So he is just a lodger?
Customer:

Not even that ... purely a guest that now claims to be a tenant

Alex Watts : but he occupies one room?
Customer:

His status is the thing we disagree over.. the verbal arrangement was he could stay temporarily unitl either he finds somewhere OR my Mum dies ...and last may mum died.

Alex Watts : but he only occupies a room?
Customer:

more than one room.......the point is he is claiming to be a tenant (even though he never has been) and now he has environmental health visiting can I stop that visit until his "status" has been legally decided?

Customer:

All going well he will be gone by the end of the month

Customer:

basically ....he claims to be a tenant I claim he is NOT

Alex Watts : Ok, so you live in?
Alex Watts : Or he occupies the whole house sole?
Customer:

yes its our home we had some spare rooms and allowed him to stay

Customer:

whether, legally,his word is accepted and its decided he IS a tenant or whether my word is accepted and he isn't.

Alex Watts : i assume though evidence would show he only occupies that one room?
Customer:

until that judgement can the council come to my home and inspect it under the housing act 2004

Customer:

its complicated its a BIG house

Customer:

But surely him just claiming to be a tenant does not make it so and therefore does not give the council the right????

Customer:

we simply put a friend up..

Alex Watts : Ok. Well you don't need to worry.
Alex Watts : You don't have to let the housing officer in if you don't want to.
Customer:

OK thank you

Alex Watts : However I would to show that the tenant is not a tenant
Customer:

as I will say to him if its legally decided this story is correct then I will happily let them in

Alex Watts : as a lodger the person has no rights.
Customer:

Thats hard as it would be trying to prove a negative...the fact he signed a letter agreeing to leave our family home might help

Alex Watts : But the housing chap will just want to see that he is living there.
Customer:

but environmental health cover lodgers (its not that I have anything to hide I just feel letting hin in will be taken as my admission to being his landlord and not just friend helping someone out

Customer:

he does live here but as our guest he only pays his energy use etc (though now it seems he's claiming he pays rent

Alex Watts : But you can do it to show he is a lodger and not a tenant
Alex Watts : But in any event even a lodger can be terminated at any time
Alex Watts : the agreement that is
Alex Watts : But I would let him in and show he is not a tenant, the conditions are good and that he lied to them.
Alex Watts : that is the key - he lied
Customer:

so I need to get the officer agree he's coming in to inspect as Bryan could be a lodger?

Alex Watts : Yes but as a matter of law if you are living in he can not be a tenant only a lodger
Customer:

I would prefer not to have him in at all though I don't have a great deal of trust left since this started ...if the officer "decides" he's a lodger ?

Alex Watts : indeed.
Customer:

ah!... I have access to his areas and he to mine except we respected each others privacy

Customer:

the house has 2 kitchen and extra bathrooms.....

Alex Watts : If he is a lodger then all you need to do is ask him to leave, give him a weeks notice and change the locks.
Alex Watts : He can't be a enant
Alex Watts : Tenant
Alex Watts : He can only be a guest or lodger
Customer:

yeah we gave him notice which is when he decided to claim to be a tenant *sigh* which the council have chosen to believe.....

Customer:

Surely until all facts have been heard and considered no one (least of all a non legay council officer ) can make that descisioN/

Alex Watts : ok wait until the officer comes. Highlight he lied
Customer:

ok but do I legally have to let him in?

Alex Watts : No
Alex Watts : But I would
Customer:

ok... I will chat to him on the doorstep and if he's human and listens and is reasonable allow him in . if not I shall give him a letter stating my reasons why I am not letting him in...who's to say he doesn't just agree with me then go away and treat it like he is a tenant as I say this whole saga has left me very distrustfull

Customer:

I mean agree with me to gain access

Alex Watts : indeed. You need to show has your so called friend has lied
Customer:

thats impossible it would be his word against mine all the way...although we have free access to all areas he chose not to use our areas etc....actually ......I might be able to...

Alex Watts : ok. Can I clarify anything for you about this today please?
Customer:

Umm no thank you you have been great..

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions