Apologies if something similar has already been covered elsewhere. I did try to search but couldn't find anything that matched my situation particularly closely. A huge thanks in advance to any of you who do take the time to read and advise.
TLDR version: Police have forced entry into my property. I'm told they done so due to concern for my tenants welfare. My insurance company are currently processing my claim but have hinted that as this isn't strictly speaking either 'accidental' or 'malicious' damage the policy may not cover the cost of repair. Even if they do settle the claim the maximum pay out wont cover the full cost of the repair. My tenant is not in arrears but rarely pays his rent on time so clearly isn't awash with cash to cover any repair costs himself. Where do I stand?
Longer version:
I received a phone call from a letting agent to advise that the front door to a property I own was damaged by police to gain entry after reports of concern for my tenant's welfare. I am told that the tenant's father had been unable to contact the tenant and had raised concerns with the police. For reasons that no one has explained in detail, the police attended my property late one evening and forced entry as the tenant was not answering the door. The letting agent do have a spare key but whether the father, tenant's girlfriend or any neighbours would know who the agents are in order to contact them for a key even if the visit was made during working hours is unclear. The tenant, I'm told, was found inside the property alive and well. I've received no explanation for why he hadn't answered the door or responded to the prior attempts at contact from his father.
I have a police incident number but, although it doesn't particularly help me, understandably the police are quoting privacy policies in refusing to disclose their version of events or reason for needing to attend the property. The letting agent have said they believe the tenant may be suffering from mental health issues and neighbours, who I keep in contact with, have said that although he hasn't caused any real disruption, some of his behaviour suggests as such too. Although some of the story is unexplained (why didn't he just open the door? why did the police visit late in the evening rather than during the day? didn't anyone have a spare key or know who the letter agent were to contact them?) which does make me wonder if I'm being given the full truth by the tenant, it seems possible the police had legitimate concern for him.
This has left me with a property with a damaged front door. The letting agent initially suggested that the tenant accepted liability and was willing to pay for repair, even suggesting he had a contact who could do so cheaply as a favour. This offer has since been withdrawn, no doubt in part because the tenant could not afford the cost of the repair as his rent payments rarely come in on time (it's always paid in full eventually, and he's not in arrears, but it's always between 1-10 days late with no notice or explanation). The letting agent have provided three quotes for the repair, including the tenant's contact who is actually the most expensive of the three. I have contacted my insurance company and although they agreed to open the claim on an 'accidental damage' basis I'm advised the claim may be unsuccessful as the damage wasn't actually an accident. This leaves me with two possible outcomes:
1) The insurance company pay out, As the claim is on an 'accidental' damage basis the pay out isn't enough to cover the full repair so I'd still be out of pocket and inevitably my premium will be increased come renewal time
2) The insurance company refuse to pay out as this wasn't an accident and I'm stuck with the full repair costs
Any advice on where I stand with regards to recovering costs or suggestions on how any of you with more experience with this sort of situation than I have would deal with this is greatly appreciated.
My initial thought is screw the tenant, no one needs that sort of liability and what are my options for eviction but if this can be sorted by an insurance claim and some sort of longer term repayment plan to cover the difference, maybe that's being too harsh.
TLDR version: Police have forced entry into my property. I'm told they done so due to concern for my tenants welfare. My insurance company are currently processing my claim but have hinted that as this isn't strictly speaking either 'accidental' or 'malicious' damage the policy may not cover the cost of repair. Even if they do settle the claim the maximum pay out wont cover the full cost of the repair. My tenant is not in arrears but rarely pays his rent on time so clearly isn't awash with cash to cover any repair costs himself. Where do I stand?
Longer version:
I received a phone call from a letting agent to advise that the front door to a property I own was damaged by police to gain entry after reports of concern for my tenant's welfare. I am told that the tenant's father had been unable to contact the tenant and had raised concerns with the police. For reasons that no one has explained in detail, the police attended my property late one evening and forced entry as the tenant was not answering the door. The letting agent do have a spare key but whether the father, tenant's girlfriend or any neighbours would know who the agents are in order to contact them for a key even if the visit was made during working hours is unclear. The tenant, I'm told, was found inside the property alive and well. I've received no explanation for why he hadn't answered the door or responded to the prior attempts at contact from his father.
I have a police incident number but, although it doesn't particularly help me, understandably the police are quoting privacy policies in refusing to disclose their version of events or reason for needing to attend the property. The letting agent have said they believe the tenant may be suffering from mental health issues and neighbours, who I keep in contact with, have said that although he hasn't caused any real disruption, some of his behaviour suggests as such too. Although some of the story is unexplained (why didn't he just open the door? why did the police visit late in the evening rather than during the day? didn't anyone have a spare key or know who the letter agent were to contact them?) which does make me wonder if I'm being given the full truth by the tenant, it seems possible the police had legitimate concern for him.
This has left me with a property with a damaged front door. The letting agent initially suggested that the tenant accepted liability and was willing to pay for repair, even suggesting he had a contact who could do so cheaply as a favour. This offer has since been withdrawn, no doubt in part because the tenant could not afford the cost of the repair as his rent payments rarely come in on time (it's always paid in full eventually, and he's not in arrears, but it's always between 1-10 days late with no notice or explanation). The letting agent have provided three quotes for the repair, including the tenant's contact who is actually the most expensive of the three. I have contacted my insurance company and although they agreed to open the claim on an 'accidental damage' basis I'm advised the claim may be unsuccessful as the damage wasn't actually an accident. This leaves me with two possible outcomes:
1) The insurance company pay out, As the claim is on an 'accidental' damage basis the pay out isn't enough to cover the full repair so I'd still be out of pocket and inevitably my premium will be increased come renewal time
2) The insurance company refuse to pay out as this wasn't an accident and I'm stuck with the full repair costs
Any advice on where I stand with regards to recovering costs or suggestions on how any of you with more experience with this sort of situation than I have would deal with this is greatly appreciated.
My initial thought is screw the tenant, no one needs that sort of liability and what are my options for eviction but if this can be sorted by an insurance claim and some sort of longer term repayment plan to cover the difference, maybe that's being too harsh.
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