Police forced door ... who pays ... Scotland ?

Scots

Hi,

We have a small flat in Scotland let out to somebody on DSS. Recently we received an invoice for over £200 from a locksmith relating to an incident back in February we knew nothing about. According to the scant info we have the police went to the property with a warrent and forced the door. They must have called the locksmith to secure the door. That's all we know about the incident, and now months later they send us the bill. I went into the local police station to ask about this and was told that the property owner is liable for the cost.

How can this be ?


tia

geoffky

I am sure if they did not get a criminal prosecution from the place then they have to fix. If they did, you pay..

jamie11

Scots wrote: »

Hi,

I went into the local police station to ask about this and was told that the property owner is liable for the cost.

How can this be ?


tia

As I understand it, if the police have a warrant and force entry providing they find some evidence of criminal activity in the premises they are not liable. If there is no evidence, and therefore no arrests they probably are liable, but they're not going to tell you. I have heard of cases where they have bashed in doors at a wrong address and still expect the home owner or tenant to pay for the damage.

It always makes me shudder when I see it happening on those cop show programmes.

Euphoria1z

tell the locksmith you never authorised any work to be done at your property?

theartfullodger

What happened when you asked the tenant for his version of the facts??? As it was February & you don't mention T has gone & later wrote to you from prison I assume T is still in residence & paying you rent...

If, for example, T reports that they were after "the bloke next door" or "the previous tenant" I'd suggest writing a polite & calm letter to Polis, copy locksmith, referring the matter back to them.

Likewise if T reported they arrested him for ?? but later let him go with no charge & an apology as they'd been mis-informed by a grass (? supporter of a rival fitba team??) ..

Further who is the "they" in...

and now months later they send us the bill

- Polis or locksmith?? Think that has a bearing... & if locksmith how did he get your address (council registration info - you are registered?? Fine for non-compliance just went to a max of £50k..)

If, however, T advises his solicitor suggests he should plead guilty & pack his bags for Barlinnie I think I'd refer the locksmith to the tenant.

In other words, think we need more info before we can advise you...

Might be worth asking SaL - if you're a member - what they advise..

PS Considering forced entry £200 sounds better than I'd expect.

Scots

LOL

The tenant is still in the flat. I got the bill last week, but it refers to an incident last February of which I know nothing about. I have an agent who looks after things but they know nothing about it either, so the tenant could have been to jail and back out in that time. Who knows. I will ask Agent to ask tenant.

There is some truth about the dss experience in that I have owned and let out this flat for about 13 years with no trouble. This guy has been in a bout a year and nothing but trouble. Doesn't mean all dss would be the same. I have never actually met this bloke thats what the agent is for but its not really the point here.

In my view either the police should pay or the tenant should pay, why send the bill to the owner who doesnt stay there, had nothing to do with whatever crime was alleged, wasn't even informed by the police at the time of the incident, and now 6 months later they send me a bill with no explanation of why I am responsible.

I have written to the police for an explanation and some clarification. I did find an article online about English law in this matter, but nothing for Scotland.

The invoice came from the locksmith with a police report attached to it which just gave basic details, date time crime number etc.

In my view if the guy was wanted for something not very urgent then the police could have contacted me and i would have given them a key to get in instead of breaking the door/lock. And yes everything about the flat is legit, the council are aware who the owner is and the agency looking after the place.

evoke

Can you not get the DSS tenant to pay?

Bryando

Euphoria1z wrote: »

tell the locksmith you never authorised any work to be done at your property?

Scottish Law requiress the Police to secure ANY building. So if the discover a house door open and knowbody about, they can secure it and recover cost.

If you rent the house, then raising Civil action via the Sheriff court for the door would be in order. NOT against the Police, but against the occupier of the house.

The legislation is: Section 61 Civic Goverment (Scotland) Act. 1982

Ronaldo_Mconaldo

I'm not paying for this! Your tenant is probably dealing drugs from there so get them to pay.

Scots

Yes I can try and get the DSS tenant to pay, but the chances of getting it are slim, plus why is it my job to that, why don't the Police chase him for the money or the courts for that matter.

The house door wasn't open until the Police opened it. They caused it to be open. If they had phoned me or the agent I would come down and let them in.

Bryando

The fact it was a 'arrest warrant' the Police are NOT liable for the Damage. So if the person is found not guilty, the Police are still not liable.

The Police must have the warrant on them if they force entry. The are not even responsable for damage if the person was not in or has never been there.