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

Bryando

rogerblack wrote: »

This bit would seem to indicate clearly that it's the tenants problem - they do not stop being a tenant because they are away from the property.

Thats when then Civil action road via the Sheriff Court would be required if they never paid.

starlight_xx

orangeslimes wrote: »

legally details of owner of rented properties should be available here:
https://www.landlordregistrationscotland.gov.uk

Not all landlords are on that and even if they were depending the circumstances the warrant was craved in, the last thing the police have time to do is go and search a database just incase the flats rented and then try and get hold of the landlord. Time isnt always on their side when it comes to things like this

Scots

Right so now I'm getting somewhere, Antrobus has shown the liability is with the tenant/occupier. Now I don't know whether or not the tenant was in the premises when the police put the door in, but it doesn't really matter, the tenant is still the tenant whether or not he was there. And since the police were after this guy they knew he was the tenant or maybe even the owner for all they knew.

So in my opinion the bill should have been sent to the tenant, not the owner, which is what I thought in the first place. That would make sense.

Thanks for that

Owain_Moneysaver

Blacksheep1979 wrote: »

Because they're obviously not white - you'd never get any white people claiming benefits (just look at the Jeremy chav show - none of the people on there are white)... </sarcasm>

DSS in Scotland are probably sunbed orange :rotfl: :rotfl: :rotfl:

Scots

starlight_xx wrote: »

Not all landlords are on that and even if they were depending the circumstances the warrant was craved in, the last thing the police have time to do is go and search a database just incase the flats rented and then try and get hold of the landlord. Time isnt always on their side when it comes to things like this

Thats an interesting point. In this case the owner is on the register and you would think that that might a resource the police would use since good landlords pay money to be registered. It would be something they would get for their money and good reason to be on the register.

It depends what the warrant was issued for .... i don't think it was murder or anything like that .... nothing that couldn't wait an hour or two.

edit to add: and the council / dss have the guy on file as a tenant at the address .... they pay the rent !

chris_m

starlight_xx wrote: »

Time isnt always on their side when it comes to things like this

This is very true. A colleague came home from holiday a few months ago to find that the police had smashed his door down. It turned out that they had been contacted by Childline - something to do with concerns that a kid was about to take, or had taken, an overdose. There is no time to lose in that sort of situation.
Unfortunately, they'd been given the wrong address. I believe that the police paid for his door to be replaced - presumably because it was a genuine error rather than the correct address but a suspect found not to be present.

starlight_xx

Scots wrote: »

Thats an interesting point. In this case the owner is on the register and you would think that that might a resource the police would use since good landlords pay money to be registered. It would be something they would get for their money and good reason to be on the register.

!

I cant speak for every force in Scotland but it IS a resource the police use. I actually have the site on my favourites at work for that very reason but with the best will in the world if the warrant has been craved for something like an ongoing incident then they really dont have the resources or time to do it. We had a situation recently where a warrant was craved urgently and it tied up 6 officers. One with the suspect, one with witnesses, 2 standing by the house they were craving the warrant for, 1 getting the warrant and 1 getting the equipment for forcing entry. Soon as the warrant was in their hands the gained entry they honestly didnt have time to be searching databases and trying to contact letting agents and landlords.

Under other circumstances though it is a site that is used.

theartfullodger

'Phone SaL & ask them, they'll know!!

Craig_Donny

Havent read peoples response, but basically they will have had a warrent for someone, or to find something. If they found it, or with futhur enquires found the suspect to be the owner of the property then the owner of the property will have to pay.
If police didnt find anything and was a mistake then they will pay.

Also if you rent the property most land lords with the contract will be able to make you pay if you are the "suspect"

hope this helps

paddedjohn

Scots wrote: »

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.

its not practical to contact the owner or the agent even if they did have time to track you down, if this was a drugs raid for example and they called you to come and open the door, whats to stop you ringing the tennant and warning them of whats about to happen?