tenant police incident & landlord billed

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    tenant police incident & landlord billed

    Hi

    My tenant contacted police Scotland during a dispute with partner (who’s not part of my tenancy agreement). Police refuse to provide any details citing data protection reasons, however, end result was my front door being knocked down and boarded up.

    The police have tried to get the tenant partner to pay with no success and have now sent me the bill.

    seems ridiculous that despite having zero involvement or awareness of this other than seeing my badly refitted door practically hanging off the hinges (presumably by tenant partner) that I now have to pay for it.

    Has as anyone else experienced similar? Did you pay? Police are adamant that I am liable as they’ve been unsuccessful in getting the payment from the person responsible.

    Thanks


    #2
    Sounds like they're trying it on to me. Surely the person responsible IS the person responsible. I'd ask them for documentation/legislation or WHY that says you are responsible for payment and for the actions of your tenant's partner.

    Comment


      #3
      Pay up and deduct from deposit at end of tenancy?

      Comment


        #4
        Ask to the police to state under what part of the Scottish legislation you are liable.
        Then tell us.



        Freedom at the point of zero............

        Comment


          #5
          As above, and ask SaL helpline for guidance
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            This sort of thing gets asked quite often. (and there's been plenty of debate on here alone).

            It's a 2-pronged situation -

            The police have a "power of entry" to stop a crime in progress, or if there is a concern for the welfare of the occupant.
            They can't be sued for doing their job, and if that means breaking a door in then they will.

            In this case it sounds like they may have forced entry to protect your tenant from abuse/injury by her partner.
            There's a big crackdown, rightfully, on domestic abuse at the moment, especially in Scotland.

            Although it's still not clear here if it was the police or the agressive partner that broke the door in the first place?

            Once the crime/concern is over then the police role changes.
            They act as "agents of necessity", acting on owner/occupants behalf by asking the securers to carry out the work (typically boarding up).
            The company sends the bill to owner/occupant (not to the police) and they (or their insurers) are responsible for paying it.

            Cambridge English Dictionary:
            Agent of necessity - Someone who represents another person in an emergency, but who has not officially been given the right to do so.
            You could go to court and argue that the police had no right to contract on your behalf to get the property secured.
            They'll argue that they were acting as "agents of necessity", which is an established principle in law.
            Which way do you think the court would go?

            If there was someone still in the property then you could argue that there was no need for an "agent of necessity" and that the police should have contacted you, or left it to the occupier to arrange for securing the property, which could be more successful.
            (But if they asked the tenant if they wanted then to get someone to secure it and the tenant said 'go ahead they would still have justification).

            You could also try to argue that the joiner charged too much or did more work than was necessary to secure the property.
            But that's an argument about the cost between you and the joiner, not the police.

            In the end it's the partner who is ultimately responsible and who should be paying, but it looks like you'll end up stuck with the bill.

            Comment


              #7
              Thanks for your responses.

              Ive already taken the tenant deposit to pay for a new door and frame. Arrears is another matter....
              The door had a big hole in it either from the police smashing it in or from the tenants partner who seems to enjoy wrecking things given that 2 other internal doors with holes in them also needed replaced! Door was definitely forced by police.

              I do think they’re trying their luck but wouldn’t want that debt to be associated with me and potentially damage credit rating.

              Comment


                #8
                Oh, well then tenant either reimburses you or gets a s21 notice, and eventually possession order. Frankly, I think you can do without tenants like that.

                Comment


                  #9
                  Originally posted by Cmcb View Post
                  Thanks for your responses.

                  Ive already taken the tenant deposit to pay for a new door and frame. .....
                  I trust with tenant's written agreement,,,,

                  Better luck next time

                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment

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