Police raid/forced entry- damage- what recourse for L?

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    #16
    Originally posted by milan_ns View Post
    Landlord doesn't live at the address, but police have it on records as his residence.
    Police first said to send them the bill for the repair, but when they realised that the person they arrested owns the flat, they said he should pay.
    That's well out of order. They get the wrong address and then try to get out of paying for the damage they did.

    What records were the Police going on? Their own? The LA? Whichever they were, they were clearly out of date.

    The Police have damaged your home, just because their intelligence was wrong does not excuse them from paying for it. Also what has happened to the presumption of innocence until proven guilty, your LL might well be banged up at the moment, but until he has been found guilty in a court then he has as many rights as anybody else.

    Insist the Police pay for the wanton damage they caused, if they still refuse, take them to court.

    You might also want to have a close look at their 'search warrant', make sure it is all above board and correct. If it's deficient in any way, it will give you a strong argument.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #17
      Thanks for the advice!

      I'm in the process of getting a quote for the full repair and intend to contact the police to see if they are willing to pay. If they are, I'm expecting either a cheque or a written statement saying they will pay once I send them the bill.

      They said local police gave them this address as his last known residence (in 2008, before I moved in; but landlord does receive some mail on this address, which he picks up from the mailbox every month or so; I never met him though).

      Am I within my rights to arrange the repair (door needs replacing, door frame too, hence the £1500 bill)? Rental agency has doubts about this as I don't own the door (I'm a tenant).

      Comment


        #18
        If you are renting through an agency, it becomes a bit easier. They represent the LL so you should be able to get them to contact him to authorise the repairs. (providing he's out on bail)
        If they, or the LL, drag their feet, get a couple or three quotes and tell them you will have the door fixed and stop the costs from the rent owed.
        Have a look at some posts on this site to see how to do it properly. Make sure you follow the procedures.

        I would still expect the fuzz to pay though.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #19
          Whatever.

          1. It's not your problem. That it was the police who damaged it is no more significant than if it were a vandal.

          2. You need a safe front door. It is your L's duty to provide it.

          3. If your LA will not sort it out, then you are at liberty to get it sorted. Get two - or three - estimates, and choose the cheapest and get it done and withhold it from your rent. Keep your LA and L up to date with what happens.

          4. If L can claim from insurance/the police/has to pay for it himself, then that is not your problem.

          Comment


            #20
            Where exactly in law does it lay out that if police force entry that they are not liable for repair/replacement of the damage they cause?

            I have heard conflicting versions - if the person within is guilty of an offence - police have no liability etc. Where in law does it say this?

            From what I have seen on many reality TV programmes about police - they are only too ready to go in with the battering ram rather than ask for peaceful entry first - they often find the property unoccupied at the time of forced entry so whats wrong with a locksmith for a force free entry?

            Comment


              #21
              Originally posted by davidjohnbutton View Post

              From what I have seen on many reality TV programmes about police - they are only too ready to go in with the battering ram rather than ask for peaceful entry first - they often find the property unoccupied at the time of forced entry so whats wrong with a locksmith for a force free entry?
              Speed, I imagine. They can't know whether the property is empty or not. If the suspect is inside, then the quicker they get in, the better - less time for suspect to either escape, dispose of evidence, or load a gun.

              Comment


                #22
                I would suspect it would be a question of whether the force used was lawful in the circumstances. If it was in respect of kidnap then clearly they would require an urgent entry.
                PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                Comment


                  #23
                  Originally posted by milan_ns View Post
                  I arranged for door to be temporaraly fixed, so that I can lock it (£180 out my own pocket), but to do full repair would a lot more (£1500). At the moment the door is lockable, but it's damaged in a way so that it could be easily forced, so it needs to be fixed properly.

                  What do I do now?

                  Withold £180 I spent on the door from the rent? Pay for the full repair and withold that (£1500 - that't like 1.5 months rent)?
                  Other issues aside, £1,500 sounds a LOT for a new front door/doorframe.

                  No idea whether police or LL are the liable party, but anyway below is a link which has the correct procedure to follow if you decide to carry out repairs yourself, before deducting costs from rent (for situations where the LL is failing to carry out repairs) - however, as this is clearly a more urgent situation, it doesn't seem wholly applicable...but arguably, as it's more urgent, the "reasonable" time you have to allow for LL to respond is much less, i.e. days not weeks.

                  I'd start by writing to agent/LL now saying you're going to get three quotes for the repair, etc. go for the cheapest, and write again to agent/LL with details of what you are intending to do before you do it (as per procedure in the link). Post letters first class with certificate of posting, keep photocopies. The idea is to protect yourself from any accusation of rent arrears, as this is grounds for eviction. Don't make any deductions without informing agent/LL in advance.
                  http://england.shelter.org.uk/get_ad..._doing_repairs

                  If it turns out police are liable, then LL can get reimbursed by them. But it could well take a while for the police to come back with an answer.

                  It would be better to get the agent's written permission to deduct the emergency repair from the rent before doing so (given that LL is not contactable). You might also try asking the police for details of the LL's solicitors, and contact them.

                  Comment


                    #24
                    i had something similar the other week except persons unknown kicked in the front door. The police said they could get the door "secured" and billed me £100 which buildings insurance will pay for... They (the filith) have contracts with boarding companys and just use them to board up the doors/windows on such propertys.

                    Get them to board up the door and bill the landlord.

                    Whats stopping you from boarding up the front door and using the back door until you hear something further.

                    Comment


                      #25
                      The police are very careful now about such entrys due to lots of silly mistakes made over the last few years... so much in fact they cant go in without evidence the person lives there, the person being registered as living there must be seen as enough evidence in this forces eyes.

                      if the police get arsey about it give your local newspaper a email.

                      they love storys like this

                      Comment


                        #26
                        This is a tad different to my case don't you think?

                        Also boarding is not an option as the flat has only one door and it's on the second floor

                        Anyways, my plan is to arrange the repairs and try to get the police to pay. If they won't I'll just pay myself and deduct from rent. I intend to send the letters and email about the progress to LL's last known contact addresses. Bellway (company that has built the building) seems sympatetic to my problems and are helping me to sort the repair work.

                        Thanks for your help everyone!!

                        Comment


                          #27
                          Police kicked door in

                          sorry if this has been covered before but I've done a search and can't find the answer.
                          Briefly I rent a flat to a single man. The police knocked in the door the other night and arrested him ( and a friend who was with him ) for an alleged assault earlier on that evening. He is now on bail pending further enquiries. basically the door was destroyed and a firm came and boarded up the hole. The tenant has removed the boarding to get in the flat.
                          Who pays for the bill for the boarding up, the new door and the fitting of the new door ? Surely there is a definitive answer in this situation. Thanks in advance.

                          Comment


                            #28
                            http://www.landlordzone.co.uk/forums...ad.php?t=21885

                            Comment


                              #29
                              And this is a question I would love to know the legal answer to as well.

                              Its all very well some police forces saying that it is a civil matter between the tenant whom they arrested and the landlord whose door it is.

                              My view is that if police damage any of my door effecting an entry to arrest someone, then they pay for it to be repaired or replaced. I would take a different view if it was for the reason of saving life or preventing further damage to the property.

                              We often see on those police reality programmes, Cops with Camers and suchlike that the police prefer to simply smash the door in rather than knock and wait, and where they do sometimes knock and wait, they only do for about two seconds and then use the battering ram anyway - thus not giving the occupier time to even get to the door let along unlock and open it.

                              Comment


                                #30
                                police force entry

                                Police force entry to check tenants well being, how come i end fixing the door ?

                                The police where aware i had drop duplicate keys to tenant just a few days before at there request because tenant was climbing in and out of 1st floor window.

                                So they had my contact details, having used them.

                                cost 4.65 lock, handles 21.99, 12 trips of 10miles, my sunday wasted, tenant owes over 1k, being a landlord - profitless.

                                ......and of course the proper fix as the plastic is damaged a 400 quid door.

                                So who's responsible when plod brakes down doors ?

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