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

Bryando

Scots wrote: »

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."

Surely you should know if your Tenant is still within your property, esp if you get DSS payments?
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.

This legislation in giving authority to break in basically with a warrant.

The Law I gave you deals with securing the house.

You could go to a small claims court via the Sheriff Court to seek the cost. No lawyer required for this.

However I suggest you do consult one.

Scots

Yes I know what the legislation says.

What it doesn't say is who is responsible for the cost of resecuring the premises after they have smashed the door in.

Scots

My tenant is still in the property and always has been.

Scots

Bryando wrote: »

This legislation in giving authority to break in basically with a warrant.

The Law I gave you deals with securing the house.

You could go to a small claims court via the Sheriff Court to seek the cost. No lawyer required for this.

However I suggest you do consult one.

Who are you suggesting I take to court .... the tenant .... who is on DSS ?

zappahey

Would it not be sensible to take an initial, free consultation with a solicitor and ask the question there? Most people on this forum won't be familiar with Scots law on thi(or any other) topic and won't be of any great help.

Bryando

Scots wrote: »

Yes I know what the legislation says.

What it doesn't say is who is responsible for the cost of resecuring the premises after they have smashed the door in.

I gave you the legislation that details the power of police to secure the house and recover cost.

Bryando

Scots wrote: »

Who are you suggesting I take to court .... the tenant .... who is on DSS ?

Being on DSS in no bar from being taken to a small claims, why would it be?

I have only a strong intrest in Scottish Law mainly criminal law, so only can pass on my knowledge.

I suggest you go to a Lawyer asap regarding this. He/she will give you the best advice and discuss options. Should you go to the small claims he/she will tell you if that is a good move.

If you win the case, you can apply for the cost to be payed by the other party on top of the sum you claim.

If you don't want all the hastle, bite the bullet and get the Tenant out as soon as legally possible! Bearing in mind the Law regarding that!

Out of intrest, what is your Tenant saying?

I can understand your frustration with this situation. But only a Lawyer whom derals with civil matters can help.

http://www.slab.org.uk/calculator2011/advice_assistance/index.html This will tell you if you could get help with cost under Civil. Not sure this case would be covered though!

Same site has a topic, find a Solicitor.


But as I say, go to a Lawyer.

Xiderpunk

Best way forward here is to pay up and seek to recover the money from the tenant. Kick him out if he doesn't pay and get a new tenant specifying NO DSS.

Bryando

Yes kick him out under the rule of Law. Can't just kick him out or you can be reported to the Fiscal!! Plus he could claim damages etc. So changing locks is a no or causing harassment.

Did you give him the AT5 before he signed the Tenancy? Fingers crossed you did or it will be harder to get rid.

By having a person not on DSS does not mean you will not have issues either, strange to think DSS Tenants are all the same!!

theartfullodger

Scots wrote: »

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.

I've read S135 which clearly gives Polis right to break in in certain circumstances: (fair enuf). Excuse my ignorance but I can't see where it says "And the landlord will pay the bill". In your shoes I'd email Polis back & enquire on what legal authority they are expecting you to pay... as well as asking for a copy of the warrant to ensure they actually had one mentioning your property - if not they should pay anyway.

I suggest, yet again, you contact SaL (I assume you've joined ... )
www.scottishlandlords.com
and ask them - this can't be the first time it's happened & I suspect they may have been asked before...

failing them try..
www.tcyoung.co.uk

experts in LL & T law.


I still see no evidence that the tenant should pay either - have I missed something??


btw IMHO ALWAYS take action any tenant who owes you money: Why??
a) They just may pay you... and in Scotland you've 20 years to pursue them whilst the bill increases @ 8% pa (where else can you get 8% interest??)
b) CCJ(Scots equiv Sheriff Court Decree..) will/may make life hard for them
c) If you don;t they'll tell all their mates what a nice soft touch you are & how you never take legal action - and guess what sort of people then apply to be tenants??


Cheers!