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

missile

If it were my property, I would return the invoice to the locksmith. I would enclose a letter quoting the legal reference posted above stating he should recover cost from the tenant.

Given the time lapse between incident and bill, I suspect locksmith knows this. He may be trying it on, after unsuccessfuly pursuing the tenant.

cord123

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.

The whole point of them forcing entry is the element of surprise so that the person they are after cant destroy any evidence, how do they know that if they contacted you you wouldnt alert the person living there....

As for costs... I would speak to the locksmith and say you are not responsible for the cost and to speak to the tenant....

pararct

From a contractual point of view, unless the owner commissioned the locksmith to undertake work either verbally or in writing then no contract exists. On that basis there can be no demand for payment for work carried out. This would be the case in normal circumstances.

In this case it is clearly the police who have caused the damage and subsequently instructed the locksmith. If there is a liability for an owner to pay for damage in these circumstances then it must be written down in a statute somewhere.

Otherwise what will the locksmith rely upon should he decide to take his case to court to recover costs? Clearly he doesn't have any contract with the person he is invoicing!!

That would be my first avenue looking for the the legal justification for the locksmith invoicing you for the work and on what basis he is doing so. Understandably the work needed to be done but the locksmith needed to satisfy himself he was going to be paid before he did it. On the other side of the coin what choice has the owner had in comparing quotes and or standards of workmanship?

theartfullodger

Assuming bill was sent by polis, why not write them a letter enquiring under what (Scots) law they are expecting you to pay???

Bryando

theartfullodger wrote: »

Assuming bill was sent by polis, why not write them a letter enquiring under what (Scots) law they are expecting you to pay???

Already explained to the OP regarding what the Law says.

brit1234

In England and Wales if the police get a search warrant from a judge then they can force entry. If they find anything such as stolen goods, drugs or arrest someone then the police aren't liable for the costs.

I'm sure it is the same in Scotland.

As a landlord you should have insurance for the door. You should also not blame the police for renting to criminals. After all you are making profit from these criminals.

Why should the police and thus the taxpayer be responsible for the costs?

Bryando

brit1234 wrote: »

In England and Wales if the police get a search warrant from a judge then they can force entry. If they find anything such as stolen goods, drugs or arrest someone then the police aren't liable for the costs.

I'm sure it is the same in Scotland.

As a landlord you should have insurance for the door. You should also not blame the police for renting to criminals. After all you are making profit from these criminals.

Why should the police and thus the taxpayer be responsible for the costs?

Read the legislation I provided that applies to here in Scotland. The Police are NOT liable in the execution of a warrant for damage. Even if that person has never been there or is not within.

starlight_xx

Craig_Donny wrote: »

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

You really havent read this thread at all have you??

The OP isnt the tenant, hes the home owner!! The warrant was absolutely nothing to do with him...

Scots

I emailed the Police and drew their attention to the Law mentioned above, but they have replied and drawn my attention to Criminal Procedure (Scotland) Act, 1995 Section 135.

http://www.legislation.gov.uk/ukpga/1995/46/section/135

After quoting this they go on to state:

"This clearly was the case at your property.

The costs of such action rests with you as the landlord who can request
payment from your tenant."

Now the statute they are quoting makes no mention or provision for the recovery of costs so I don't know what they mean.

And in any case as we are now 6 months later, it could very well be that the tenant has gone away, so how would I be expected to get him to pay after all this time.

I will write back and ask for more explanation.

Scots

brit1234 wrote: »

As a landlord you should have insurance for the door. You should also not blame the police for renting to criminals. After all you are making profit from these criminals.

Why should the police and thus the taxpayer be responsible for the costs?

When this chap came to me as a DSS tenant I was not aware of any previous criminal history. As far as I know this is the one and only bit of trouble he has been in, I don't even know what the problem was, and or whether he was even found guilty and given any punishment.

His parents are good people and they said he would be a good tenant.

So do tell us your secret of how to spot a potential villain in advance.

And as for insurance I think you will find it's not worth claiming for this amount as excesses will apply plus the additional premiums in future years make it uneconomical.

I'm not saying the Police or taxpayer should pay for it. I'm saying the tenant should pay and the matter should be between the police/courts and the tenant. What has it got to do with me ?

I will admit though that I will probably look to have the fellow evicted and I will find a non DSS tenant. What that means is the local council will have to find him somewhere to stay and then future costs will be paid by the taxpayer. Will that suit you better ?