Police broke down my door- who pays for the damage?

Police broke down my door- who pays for the damage?

12:01 AM, 17th July 2023, 3 years ago 26

Hi, my tenants phoned an ambulance and waited about 7 hours and because no ambulance turned up they left the property and took one of the tenants to the hospital themselves. When they came back to the house they found the police broke down the door left it damaged and boarded the house up.

Who pays for the door and damage as there was no one in the property?

Thank you,

Kayleigh


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Comments

  • Member Since December 2014 - Comments: 90

    9:56 AM, 17th July 2023, About 3 years ago

    I don’t know the legally correct answer, but it was the tenant that instigate the whole situation as such, I would say they were liable. If however they (the tenant) wish to recoup these costs from the emergency services, then that is up to them.

  • Member Since February 2023 - Comments: 40

    9:58 AM, 17th July 2023, About 3 years ago

    Happened to me. Two doctors who were renting out my flat had an argument, one threatened to leave the other, this one threatening to kill herself if he did, she then phoned a friend to repeat the threat. Concerned friend phoned the police, they called, could not get an answer so broke down the very expensive fire door together with damaging the lock and frame. The person was not in but in the pub getting pi##ed.
    I contacted the police, they said it was a justified entry and would have no legal responsibility for rectifying the damage.
    Further enquiringly I found out that the police would only offer recompense if they had the wrong address,they said it was a justifiable entry.
    On a positive note the doctors paid for the damage.

  • Member Since April 2023 - Comments: 88

    10:00 AM, 17th July 2023, About 3 years ago

    What were the grounds/ reasons why the police attended the property and forced entry as this will advise as to whom may be liable for repair/ replacement.
    If the police’s actions were relating to an offence committed by a tenant then the tenant surely would be in breach of their tenancy agreement ( assuming that you have a robust Agreement in place?) and the tenant may be liable.
    If however the Police’s actions were unwarranted, seek legal advice as they are probably liable.
    Good luck ?

  • Member Since April 2023 - Comments: 88

    10:02 AM, 17th July 2023, About 3 years ago

    What were the grounds/ reasons why the police attended the property and forced entry as this will advise as to whom may be liable for repair/ replacement.
    If the police’s actions were relating to an offence committed by a tenant then the tenant surely would be in breach of their tenancy agreement ( assuming that you have a robust Agreement in place?) and the tenant may be liable.
    If however the Police’s actions were unwarranted, seek legal advice as they are probably liable.
    Good luck ?

  • Member Since July 2023 - Comments: 179

    10:06 AM, 17th July 2023, About 3 years ago

    You are likely to have to pick up the cosy. This happened to me in a HMO.
    Drs surgery called police (Hertfordshire) expressing concern for their patient (a T in HMO). Police attended. Broke every single locked door in HMO (where as they said, a person ‘could be hiding’) -cupboards, boiler room, other Ts rooms et al,. Not a penny, no apology or anything. Cited ‘saving life and limb. Cost me over £3000.
    Have a look at s17 (1) (e) PACE 84.

  • Member Since March 2023 - Comments: 39

    10:06 AM, 17th July 2023, About 3 years ago

    Happened to me. After investigating who pays, it is damage to the property instigated by the tenants choices/actions. So tenant pays.

    I felt I had to send a locksmith to ensure the property was secure. It was. I had to pay for that bit.

    ps if you dont need the emergency services after your initial call, you call them back and cancel the service. I also had to do this for both ambulance and police recently. Its easy. So your tenant made a big mistake by not updating the emergency services.

  • Member Since March 2023 - Comments: 1506

    10:06 AM, 17th July 2023, About 3 years ago

    This has happened many times in the past.

    If it was lawfull entry by the police then the police don’t have to pay. In the case you have highlighted this would definitely have been lawfull entry (imagine if the tenant had taken an overdose).

    The landlord has an obligation to make the property secure and in the first instance will have to pay to have the door replaced.

    In these cases it is the landlords insurance that will have to pay., any excess may be claimed from the tenant.

    (as an extreme example, if the tenant had set the house on fire eg. burning fat in the kitchen – would you expect the tenant to pay for the repairs – NO … this actually happened to some friends of mine)

  • Member Since April 2023 - Comments: 88

    10:14 AM, 17th July 2023, About 3 years ago

    Reply to the comment left by GlanACC at 17/07/2023 – 10:06
    Interesting response to your example of a tenant who caused a house fire due to “burning fat”?!

    I’m not sure that I would NOT expect the Tenant to pay for repair costs or at least contribute, if they were responsible for causing the fire?

  • Member Since September 2013 - Comments: 6

    10:15 AM, 17th July 2023, About 3 years ago

    Happened to me too. Tenant called the police because her partner was being violent. The police broke in the expensive new front door as he was escaping over the back wall. Even if they agreed to pay they had no money. Sometimes you have to bite the bullet.

  • Member Since March 2023 - Comments: 1506

    10:20 AM, 17th July 2023, About 3 years ago

    Reply to the comment left by Ma’at Housing Solutions at 17/07/2023 – 10:14In the case I highlighted, my friends were actually the tenants and the chip pan caught fire and caused extensive damage. Kitchen gone completely and the rest of the house smoke damaged. They actually had to move into temporary accomodation for 2 months (paid for by the landlords insurance). The landlord was delighted. – he had a new kitchen and the house completely redecorated by the insurance company – total cost was over £20k – you couldn’t expect the tenants to pay that, and nor would a judge – he would say its up to the landlord to get insurance (even in the case of the door).

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