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

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    #31
    Send bill for bits already incurred plus quote for new door to police - see what the police say and then let us know answer.

    Its a question I have asked before.

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      #32
      I think it's a question I answered on here before too. If the police are acting lawfully (ie a power of entry has arisen under PACE [would be s.17 in this case if my memory is right] or they have a warrant) then they commit no tort and don't have to pay up. Section 117 gives them the right to use force. They ought to leave the premises secure, which may mean some bodged up temporary security, but they don't have to make good.

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        #33
        Where exactly does it specifically say in PACE or anywhere else, that the police do not have to put right any damage they cause by forcing entry to premises even if that entry is warranted?

        In pace it merely says that the power is there and can be used - it does not go on to say anything about righting the damage caused by effecting an entry.

        What if the entry is forced by other than police - ambulance staff for example - who are not covered by PACE?

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          #34
          This is something that could happen to any of us at any time, there seems to be a position taken by the police that if an 'innocent third party' is injured* in any way whilst they are in pursuit of their duty, then they are under no obligation to make good or compensate.
          This position seems to be taken whenever a police car wipes out an innocent pedestrian, or writes off someone's beloved Ford Fiesta. The case with smashing in doors is a bit different though in that the police actually go out of their way to cause the damage, by going equipped to cause it. It's deliberate.

          *injured, physically or financially.
          I offer no guarantee that anything I say is correct. wysiwyg

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            #35
            damage caused by mr plod

            i do hope someone will run a test case. I must admit our preference is for traditional wooden front doors and frames, which can always be repaired quite easily by a competent carpenter, and redecorated rather than plasticky/upvc which is irrepairable in the main and once damaged is scrap

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              #36
              could you not claim on the insurance for this? Obviously there may be an excess but it will be less than the total cost. I very much doubt the police will be liable.

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                #37
                Police have broken down front door, who is responsible for fixing it?

                Hi
                Am getting no where this morning with Greater Manchester Police so could do with your esteemed opinions.
                Apparently last night the police broke down the front door of the property I let to gain access as they were searching for one of the tenants they were concerned may be self harming and been contacted in this regard by a mental health professional.
                The tenant wasn't inside but the other tenant then rang me at 22:30 as the police had told her I needed to arrange access for her and a new door, but that they would pay for the door.....
                Of course they are denying all knowledge of this this morning as a different team are on, but I can't see why I would be liable to pay for it.
                The tenant has got in through a back door but can't leave the house other than going over neighbours fences and then through their houses so its not ideal !
                Any thoughts?
                Thanks

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                  #38
                  Originally posted by hil79 View Post
                  Hi
                  Am getting no where this morning with Greater Manchester Police so could do with your esteemed opinions.
                  Apparently last night the police broke down the front door of the property I let to gain access as they were searching for one of the tenants they were concerned may be self harming and been contacted in this regard by a mental health professional.
                  The tenant wasn't inside but the other tenant then rang me at 22:30 as the police had told her I needed to arrange access for her and a new door, but that they would pay for the door.....
                  Of course they are denying all knowledge of this this morning as a different team are on, but I can't see why I would be liable to pay for it.
                  The tenant has got in through a back door but can't leave the house other than going over neighbours fences and then through their houses so its not ideal !
                  Any thoughts?
                  Thanks
                  About 4 years ago my Dad who was a LL at the time received a phonecall from the neighbour of his rented flat to say the police had been round and broken down the door for a drugs raid. The tenant had scarpered.

                  He had to replace the door and after about 18 months of chasing gave up on getting the police to pay



                  Hope you have better luck

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                    #39
                    Could the police force be taken to small claims court over such a matter?

                    Comment


                      #40
                      Policy is simple. If the police make a forced entry and evidence of a crime is found, then they're not liable - even if the crime bears no relation to the warrant. Evidence of a crime found, then it's down to LL/tenant to sort out.

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                        #41
                        Should be covered by your buildings insurance, i'm going through similar at the mo too!
                        <a href="http://www.manchesterpropertygroup.co.uk/" target="_blank">Manchester letting agents</a>

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                          #42
                          Bullybantam - policy is policy - policy is now law.

                          I could have a "policy" of blasting any intruders to my property with a shotgun ala Tony Martin, but that is/was unlawful.

                          BTW - passed a house in Lincolnshire near Skegness on my way to Ramco - had a huge sign said "Tony Martin Secutiry System in operation" - lol!!!!!

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                            #43
                            Hope that their spelling was better than yours ['secutiry']!
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

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                              #44
                              Ha ha Jeffrey - first spelling mistake I make................

                              Not enough work coming in then???????

                              Comment


                                #45
                                Not enough question marks, then? Why only seven?
                                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                                4. *- Contact info: click on my name (blue-highlight link).

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