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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A, then, friend (which has been staying with us) we have asked

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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?
Alex Watts :

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

Alex Watts :

I assume you are living at the property too?


Yes we are


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)




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


I don't think this chat is working

Customer: I start over?..I used to get like email type answers this is bad

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

hi yes


as I was saying


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

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

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

Alex Watts : but he occupies one room?

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?

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?


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


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?

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


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?

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


its complicated its a BIG house


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


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.

OK thank you

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

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.

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.

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


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

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

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.

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


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

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


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

ok but do I legally have to let him in?

Alex Watts : No
Alex Watts : But I would

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


I mean agree with me to gain access

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

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?

Umm no thank you you have been great..

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