Forced entry by Police due to medical emergency?
10:21 AM, 8th August 2016, 10 years ago
13
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Hello I am a tenant in a home where my diabetic girlfriend passed out and hit her head in a diabetic fit. The police were called and got no response because she was unconscious.
Consequently they had to break the door down.
Who pays for this? Is the Landlord liable?
Does his Home owners insurance cover this?
Many thanks
Mark
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Member Since May 2014 - Comments: 273 - Articles: 2
2:05 PM, 8th August 2016, About 10 years ago
As an aside to this, but for information – I had a situation where of mine a tenant died in the street due to a drug overdose, the police on the handover shift decided that no one had checked on the wife of this person so ‘visited’ – declined a key from the key holder who lived opposite and broke in. No was was in the flat but the others in the block got very anxious at the thought of having a drug user/dealer in the building – I complained and they wrote me a letter to give to all in the building explaining that it was no fault of the landlord who was not involved and they had been offered a key – did the ‘misunderstanding’ thing – but I feel it does show that then challenged about being heavy handed they listen – and next time may use the key.
Member Since June 2013 - Comments: 1121
8:38 AM, 13th August 2016, About 10 years ago
Generally, if the police are acting in good faith, ie a matter of life and death, execution of a drugs warrant at the CORRECT address, entry to arrest an offender who refuses entry, search of a premises under Section 18 Police and Criminal Evidence Act 1984 -then- they do not pay for the damage. They are covered by statutory powers of entry. If however they have made a mistake with the wrong house or something equally obvious then they will pay up. In a previous life I dealt with many claims of this nature.
In the case in this thread, it is most unlikely the police will pay out. The landlords insurance may cover it depending on the policy and excess. However, as stated by others on the thread, they have broken in and saved his girlfriends life. If they hadn’t then he would have complained that they did nothing. That’s the thing with the police- damned if they do and damned if they don’t.
As a landlord and ex Old Bill I can see this from two out of the three angles – and have a bit of an insight into the tenants point of view.
I would expect the tenant to make a contribution to the repair.
Member Since July 2013 - Comments: 1266 - Articles: 1
8:49 AM, 14th August 2016, About 10 years ago
We had this happen in a block I help to manage with an elderly resident (owner-occupier not tenant although that is not relevant)
We claimed on the buildings insurance for the damage and the service charge fund paid the excess as it was an emergency and no negligence involved
However other blocks have different policies