Former HMO tenant has lied to environmental health?

Former HMO tenant has lied to environmental health?

9:16 AM, 26th April 2022, About a month ago 10

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I’ve had a letter from the council advising “Environmental Health has received information from a former tenant that the property was let to him and 5 other tenants since 2018.”

This is not true, I only ever had a maximum of 4 tenants, but how can I prove this or what will the council ask me to provide?

The tenant in question wasn’t pleased when I gave him notice earlier this year as he had a good deal, he was taking over the downstairs and had his belongings everywhere, he’d even built a climbing wall and had 4 kayaks in the communal garden chalet so he’d really made himself at home.

I gave notice to him as my own family wanted to move back to our former family home, the only other tenant had already given notice.

Many thanks

Charlotte



Comments

by Judith Wordsworth

11:15 AM, 26th April 2022, About a month ago

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.

by Rod

11:17 AM, 26th April 2022, About a month ago

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.

by LordOf TheManor

11:30 AM, 26th April 2022, About a month ago

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.

by Seething Landlord

11:49 AM, 26th April 2022, About a month ago

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.

by Mike

11:50 AM, 26th April 2022, About a month ago

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.

by DSR

13:47 PM, 26th April 2022, About a month ago

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?

by Rod

14:49 PM, 26th April 2022, About a month ago

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

by Rob Crawford

16:36 PM, 26th April 2022, About a month ago

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.

by Paul Thomas

9:36 AM, 30th April 2022, About 4 weeks ago

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.

by Seething Landlord

9:55 AM, 30th April 2022, About 4 weeks ago

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?


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