Former HMO tenant has lied to environmental health?

You will have kept you4 copy of all the tenancies since 2018 plus your bank statements. Marry the two up and send to the Council. Explain also your reasons for giving your tenant notice and that he is finding it difficult to accept it.

Disproving untruths is almost impossible.

Far better to simply rebut the accusation and ask them to prove the claim.

It is for them to prove their case and provide hard evidence.
A malicious accusation from a disgruntled former tenant is not evidence.

You can always offer the names of the tenants and dates of their tenancies, together with a summary of his eviction (pictures would help) should the council decide to pursue it further.

If you had a comprehensive inventory prepared by an AIIC clerk, you’d have all the proof you need that your ex-tenant has submitted a malicious claim. Send that with a copy of signed tenancy agreement to the Environmental Health Department and refer them to the Council Tax register for the times in question.

Based on advice published previously on this forum by Phil Turtle it is probably advisable to say as little as possible and certainly not get involved in discussions with the authorities.

It sounds as though your former tenant might be angling for a rent repayment order.

I would simply reply to the letter stating that the information they have received is incorrect.

Further more you may be able to obtain witness statements from other tenants to back your claim as to how many seperate tenancies were force at any time, and bearing in mind even in such tenancies tenants have a right to bring in relatives and friends to stay overnight on occasions, but not on a continuous bases, a week or paraphs a fortnight, people do visit from abroad and need somewhere to stay when visiting. So even if he has any picture evidence of 5 people, it does not prove they were all tenants.

I think I would do the same…

Far better to simply rebut the accusation and ask them to prove the claim. It is for them to prove their case and provide hard evidence. A malicious accusation from a disgruntled former tenant is not evidence.

You could also state that until they are able to is provide evidence regarding their ‘claim’ you are also not obligated to give any information which may included personal data regarding other tenants without their direct permission.

TBH not sure whey the letter would have come from Envio Health Dept and not the Housing Dept?

Reply to the comment left by DSR at 26/04/2022 – 13:47
Environmental Health / Trading Standards are responsible for enforcing housing standards in the PRS
Housing are about provision of beds for heads

I would inform them that they are wrong and suggest they look at validating any information provided by the tenant and forward any evidence to you for comment. Don’t get sucked into attending a meeting to discuss this as the meeting can start with them cautioning you before you are able to consult with a solicitor. They will be digging for information and you may unwittingly drop yourself in it! Obviously if you get a formal summons, you will have to attend, in this case take a solicitor or legally asstute friend as a witness.

My initial thought when I saw this, without reading anything….

You have let to 4 people. One or perhaps more have allowed a partner to ‘stay’ with them. Then the person who has complained has ‘assumed’ you have authorised this and is now thinking you have also charged the 5’th person rent and is miffed.

Explain you have not done this and if they would like to inspect the property, they are welcome.

Reply to the comment left by Paul Thomas at 30/04/2022 – 09:36
In the light of all the advice to the contrary why on earth would you volunteer any information at all?