Police Raid on rented accommodation

newbie8

Apologies if this is in the wrong forum.

My parents have recently had some bad news. They have been told that the police forced entry into one of the flats because the tenants were growing drugs, we know that they were arresting and believe on bail and awaiting court. We do not live in the same area as the flat anymore so we are dealing with everything from afar. AND the estate agent is not the best. (we were trying to change and this happens!)

We were wondering if the police/is the tenant responsible for the damages?

Many Thanks
Newbie8

phill99

The police certainly won't pay for the damage. It should be the tenant as their behaviour has bought about the p[olice action. You have a deposit I am guessing but whether that is enough to cover the cost of a door is another matter.

BitterAndTwisted

Just because the tenants have been charged does not mean they will get a custodial sentence, so I'm assuming that the tenancy has not come to and end, and it may not. Until then the damage is the tenant's to put right if the property is no longer secure. Once the tenancy has come to an end you can make a reasonable deduction from their deposit for doing so.

englandcrew

If the police found anything inside the address which was part of a criminal offence (drugs in this case) or arrested somebody then the repair to the door rests with the landlord/tennant. There is no way the police will be paying for the damage.

brit1234

The police don't have to pay as they found the drugs. The tenants are unlikely to pay as they are criminals. I think you are most likely going to fit the bill. Who vetted the tenants?

rentergirl

This will turn into a very bad game of legal ping pong. I think you might need to pay for legal advice. More definitive, and you can bring it to the police who will deny al responsibility, even if they are liable.

poppysarah

Where are the tenants now?

What state is the property in?

Chadderton police found one drug growing property where access to the back of the house was via the staircase as they had shut the doors so they could grow more.
https://twitter.com/#!/GMPChadderton
They took a photo and posted it here!

Regardless of where you live - someone trusted needs to visit the property and do an inspection, ensure it's secure and to start dealing with the tenants (I assume eviction is on the cards if they are still there)

tbs624

OP - this scenario is part and parcel of being a LL. It is irrelevant that you don't live locally - you either travel to sort property issues out or you get someone who is efficient to act on your behalf.

Notify the Ts formally that you expect them to foot the bill and get the job sorted. Note that you can't expect a T to cough up for a better door than the one you originally had in place. If the T's deposit won't cover it then you may have to (edit: pursue) the matter to the small claims court.

rentergirl wrote: »

. More definitive, and you can bring it to the police who will deny al responsibility, even if they are liable.

The OP is highly unlikely to get recompense from the police - if the search was "lawful, and the force used can be shown to be reasonable, proportionate and necessary to effect entry". For more info on when recompense* is* likely to be made check out the "Code of Practice for Searches of Premises by Police Officers."

Illegal acts by the T at the property can be used as a Ground for repossession but note that it is one of the discretionary grounds. Are the Ts up to date with their rent and/or have they committed any other breaches of their tenancy?

Note that even if your Ts were held in custody you still have to end the tenancy correctly or you will lay yourself open to criminal charges of illegal eviction.

Has any tenancy deposit paid been scheme registered and the scheme's prescribed info passed to the Ts? Has a S21 notice been served at any point ( must be post registration of deposit and post signing of tenancy agreement for it to be valid)

Fuzzyness

in my tenancy agreement i seem to recall there is a clause about not using drugs at the property. is there something similar in yours?

poppysarah

Fuzzyness wrote: »

in my tenancy agreement i seem to recall there is a clause about not using drugs at the property. is there something similar in yours?

I suspect most tenancies don't state that murdering people on the premises isn't an allowed either.

tbs624

Fuzzyness wrote: »

in my tenancy agreement i seem to recall there is a clause about not using drugs at the property. is there something similar in yours?

It does not have to be a specific clause within the tenancy agreement - see my comment above about discretionary Grounds for repossession, afforded by statute

Housing Act (1988), Schedule 2, Part II

Grounds on which Court may Order Possession

Ground 14
[F11The tenant or a person residing in or visiting the dwelling-house—

(a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or

(b)has been convicted of—

(i)using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii)an [F12indictable] offence committed in, or in the locality of, the dwelling-house.]