Police damaged door (Scotland)

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    Police damaged door (Scotland)

    I have quite a severe disability and am on limited income.

    I fell down the stairs due to my disability and screamed in pain, frustration etc.

    I finally managed to get my pain under control sufficiently that I was able to take painkillers and fell asleep. I then went out, came back, police had kicked the doors in, the front door and interior doors to the bedrooms because they had gotten a phone call from someone that someone was in distress. Obviously, when they did not get a response, they intervened. They gave me a ref no, and told me that landlord should get in touch with them as they would be fitting the bill, they were there on a welfare check, not a criminal investigation.

    I am concerned that the landlord may try and make me pay for it, and or try to evict me for this. If it is any relevance, my landlord has deposited my deposit a week late in the TDS. There is also no inventory. I told the police (and have mentioned to my landlord on several occassions) that I am quite badly disabled and it is because of my disability I fell down (admittedly, freak occurrence).

    #2
    I'm not convinced that the police have to pay. Generally they are only obliged to pay if they make a mistake. It seems there was a genuine cause for concern.

    Comment


      #3
      The police have a duty to act in such circumstances. Which includes breaking down doors if someone on the other side may be at risk of harm.

      They don't have a duty to repair any damage they may cause when doing this, but will get someone to make the premises secure (boarding up etc.) and will pass the bill for that on to the owner or tenant.

      Some forces have a contingency fund for this and may waive this charge if you ask nicely.

      Full repairs are a matter between you, the landlord, and possibly your insurance company.

      Comment


        #4
        Assume you have private landlord

        When did you 1st move in & what sort of tenancy do you have - "Short Assured tenancy"- SaT or "Private residential tenancy" - PRT?

        Point out to your landlord that you are entitled to sue for up to 3xdeposit for failure to comply with deposit law & most cases in Scotland result in 3x deposit but would he please like to pay dfoor bill: And fit suitable adaptions for your disability.

        You would be better off ( ££££ ) with a council or housing association tenancy, have you applied to go on register?

        Further questions 'phone Shelter Scotland 0808 800 4444 mon-fri 9-5.

        Slàinte mhath!
        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


          #5
          Yes, I have a private landlord.
          I have applied for council/housing association tenancies, been turned down repeatedly, not enough points.
          I have a PRT. I moved in 3 months ago, so after 1st December 2017 which I believe is when the PRT was brought into statutory effect.

          I definitely, 100% have PRT.

          Am I liable for the door?

          Comment


            #6
            Thanks: So with a PRT the landlord has no chance of evicting you for the old "no reason at all" route but must rely on the new PRT grounds. Proceed as above asking landlord to fix door. I really don't know who has responsibility - you, landlord or Police. You might try asking Shelter Scotland.

            For disputes between landlord and tenant it is now the FTT, not sheriff court. No inventory is to your advantage - landlord will have difficulty proving what was there or what condition it was in. Hope you took loads of photos when you moved in.
            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


              #7
              https://forums.moneysavingexpert.com....php?t=5905997
              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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