Injustice of police damage, rent arrears and eviction notice!

by Readers Question

10:17 AM, 11th January 2018
About 9 months ago

Injustice of police damage, rent arrears and eviction notice!

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Injustice of police damage, rent arrears and eviction notice!

In August 2017 a neighbour telephoned me to say that there had been a police involved incident at the property that I let. I went to the local police station to tell them that I was the landlord and enquiring about the incident.

They replied that it had nothing to do with me. I said that they could have my address and telephone number in case of any other difficulties. They replied that they don’t do that.

I then informed them that I and neighbours were suspicious about many visitors to the property both day and night and that we suspected some kind of drug use or maybe distribution. I was told in no uncertain terms that ‘people can do what they like in their own property’ and was quoted European law about privacy. It was made obvious to me that my visit to the Police station was not welcome. They refused to take any details of my visit.

On 12th December 2017 a neighbour phoned me to say that police were breaking down the door to my let property. My wife and I called into the police station who again stated that it was nothing to do with us even though we said that we were the landlords. My wife and I were insistent and although I had my passport with me I was asked if we had the deeds to the property on us to prove that we owned the property. Unfortunately we don’t carry the deeds to our property with us.

After some time and our insistence a neighbourhood police person appeared and was more helpful. We were given a CAD number and given a Met Police 9356 Form. We were given the impression that we could claim for the damage. This form was completed and returned after we had the door and surrounds replaced which we paid for. It is a terraced house.

We have now been informed that neither the Police Insurance services nor our Landlords Insurance will reimburse us for any of the police damage. No drugs were found and no one arrested.

Who do we contact about this injustice? We already have an eviction notice from the courts for non payment of rent, but the tenants are still in residence.

Cass



Comments

Neil Patterson

10:27 AM, 11th January 2018
About 9 months ago

Hi Cass,

I found an old article on this subject if it helps >> https://www.property118.com/police-damage-rental-property/

Rod

11:29 AM, 11th January 2018
About 9 months ago

I too am a L/L of a few years but feel it's not worth it at a charge of £85pw but after mortgage, exp's, tax I'm left with £40 so, it takes a week to earn just £40 which a s/employed can earn in just 1 hour!!! I give them a palace, they give bk a ruin, many times!

David Price

11:30 AM, 11th January 2018
About 9 months ago

I am surprised that thepolice did not threaten you with arrest. I have been threatened many times and ORDERED not to report crime as it was not the RIGHT way to go about things. I was threatened with criminal prosecution for wasting police time (I quaked in my shoes). My business partner was arrested, his alleged crime 'collecting rent'. No charges were ever made.

Gary Nock

12:02 PM, 11th January 2018
About 9 months ago

From the previous post - which is still valid:

"If the police have lawfully and legitimately used a power of entry under statute then they are under no obligation to pay any compensation. If they have made a mistake in entering the wrong address then you may get compensation. Lawful entry is under the Police and Criminal Evidence Act 1984 Sections 17, 18, or 32, or by warrant issued by a magistrates court"
And in relation to discussing drugs issues with landlords - if there is a raid imminent then they won't for fear of compromising the operation. It's not that they do not trust landlords - it's about security of information. Even at police briefings for raids officers do not know what address they will be going to until the day and all mobile phones are taken from them until the operation is over.

Peter Fisher

12:05 PM, 11th January 2018
About 9 months ago

I would issue a claim against the police and the tenant for damage to your property. I have done this before for clients. See my profile on here to make contact

terry sullivan

12:27 PM, 11th January 2018
About 9 months ago

involve your mp--and contact chief constable

Gary Nock

13:45 PM, 11th January 2018
About 9 months ago

Reply to the comment left by terry sullivan at 11/01/2018 - 12:27
Not much point really Terry. The MP will write to the Chief. The Chief will therefore get two letters ( or his staff officer / secretary will) and together they will be passed onto the Area Commander. The Chief will not see it. The Area Commander / Chief Superintendent will pass it onto an Inspector who will task one of his Sergeants to investigate the circumstances and write a report for him to Legal Services who will then decide if there is a valid claim. If there is due to a mistake i.e the wrong property they will pay out. If it's the right property and a warrant was issued before a magistrate or other lawful entry under statute as above then the chances of a successful claim against the police are negligible. Dealt with loads of these in 18 years as an Inspector. In cases where a mistake was made then the police paid up. Where there was genuine intelligence which was acted upon
( even if nothing was found) then no compensation was paid.

silversurfer2017

15:12 PM, 11th January 2018
About 9 months ago

I had a similar problem about 10 years on a property I owned in Manchester. It was a burglary and the thiefs managed to climb up and enter the flat via a first floor balcony. The police were called and not sure whether any occupant was in the flat, perhaps lying injured, broke the door down. My tenants were out at the time. The police would not pay for the damage. The Building insurance on the block would not pay and advised me to claim on my contents insurance which of course I did not have as I was rented it unfurnished and neither did the tenants have insurance. So cost me about £250 to replace quite an expensive door!

loretta wight

18:28 PM, 14th January 2018
About 9 months ago

Reply to the comment left by David Price at 11/01/2018 - 11:30
me too David, just for telling him that tenant vandalism was a crime! However, I took it further, the police had to admit it was a crime and the police officer was reprimanded for his attitude. However, the whole flat was vandalised eg windows, doors, kitchen unit, stole intercom, smoke detectors but the police inspector was only interested in the broken windows and COOKer!! nothing else for which he was charged 9 months later. Strange? However, I always complain anyway. Even to the MSP's for the shameful way the allow these people to make the neighbours life hell. It is abuse.

loretta wight

18:35 PM, 14th January 2018
About 9 months ago

Reply to the comment left by at 11/01/2018 - 15:12
when the police kicked in my tenants door they charged me £210 just for part of a lock..nothing could be done to get compensation. The police joked that its because we are meant to be rich! There has been an increase in tenant crime but the police try not to record it because in Scotland there is no tick box so they tell landlords it isn't a crime. My reply to this is where in law (having done my homework) does it say that tenants are exempt from crime. We need to keep on complaining. Crime is an intentional damage to property or person. (short version)

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