Cost of Replacing Door

CarolynRach

Hello,

Aplogies if this is in the wrong place.

I own a property that I let out (and I have landlord insurance). A few days ago, the police executed a search warrant (looking for drugs) but didn't find any. To gain access to the property, the door was rammed open and now needs replaced.

The police say they aren't liable for the damage and my insurance company wont pay up either. Am I really liable to pay for it even if they didn't find anything?

Thanks,
CR

HappyMJ

The tenant would be liable if they are found guilty of an offence.

The police would be liable if they found nothing.

You need to bring a civil claim against the police.

shaun_from_Africa

HappyMJ wrote: »

The tenant would be liable if they are found guilty of an offence.

The police would be liable if they found nothing.

You need to bring a civil claim against the police.

There is no legal obligation for the police to provide compensation for damage caused provided that the raid was legally carried out and they didn't use excessive force or cause excessive damage even if no illegal goods were found.

Shelldean

shaun_from_Africa wrote: »

There is no legal obligation for the police to provide compensation for damage caused provided that the raid was legally carried out and they didn't use excessive force or cause excessive damage even if no illegal goods were found.

I agree with this comment.

We had damage done by the police to our property through no fault of our own and couldn't get them to compensate us for the loss.

We live in a terrace and they police were chasing a criminal across the gardens. Crim hopped over our fence but the police officer managed to lunge at fence to grab himjust before he landed. ( we was watching awakened by the noise) The force of the officers lunge caused the fence panel to fall. Unfortunatly kids toys were under the fallen panel, and with the weight of the officer, criminal and fence panel were ruined. We even got dressed and let the officer walk the bloke thru the house ( he'd have had to get over at least 3 fences otherwise) didn't even get a thank you for that!!!!!!

think it was three toys ruined, but no one would help us replace them even though it was nothing to do withus.

bris

shaun_from_Africa wrote: »

There is no legal obligation for the police to provide compensation for damage caused provided that the raid was legally carried out and they didn't use excessive force or cause excessive damage even if no illegal goods were found.

Shelldean wrote: »

I agree with this comment.

We had damage done by the police to our property through no fault of our own and couldn't get them to compensate us for the loss.

We live in a terrace and they police were chasing a criminal across the gardens. Crim hopped over our fence but the police officer managed to lunge at fence to grab himjust before he landed. ( we was watching awakened by the noise) The force of the officers lunge caused the fence panel to fall. Unfortunatly kids toys were under the fallen panel, and with the weight of the officer, criminal and fence panel were ruined. We even got dressed and let the officer walk the bloke thru the house ( he'd have had to get over at least 3 fences otherwise) didn't even get a thank you for that!!!!!!

think it was three toys ruined, but no one would help us replace them even though it was nothing to do withus.

Agree all you want but you would be wrong, the police are liable and need to put it right, they will of course deny liability it is their first line of defence to make you go away. There is a large thread on this over at landlord zone, here is a quick find on police paying for repairs on a similar raid http://icliverpool.icnetwork.co.uk/0100news/0100regionalnews/2008/02/16/police-sorry-we-thought-your-boiler-was-a-cannabis-factory-50061-20484259/#story_continue

It also happened to me a few years ago when a Chinese cannabis farm was found on one of my properties. I asked at the time if they would put it right but was told because a crime was committed they weren't liable, if no crime they are.

shaun_from_Africa

From the UK Government

Constituents sometimes ask whether they can get compensation for damage (for example to a front door) following forced entry by the police.
Police forces do sometimes make ex gratia payments or pay compensation following such damage, for example where the raid was at the wrong premises. However, statutory guidance states that compensation for such damage is "unlikely to be appropriate if the search was lawful, and the force used can be shown to be reasonable, proportionate and necessary to effect entry." Where a police force refuses to make such a payment, then a constituent wishing to pursue the matter further would need to obtain specialist legal advice

www.parliament.uk/briefing-papers/SN05524.pdf

This is further backed up by PACE (Police and Criminal Evidence Act 1984 B6)


Whether compensation is appropriate depends on the circumstances in each case.

Compensation for damage caused when effecting entry is unlikely to be appropriate if the search was lawful, and the force used can be shown to be reasonable, proportionate and necessary to effect entry. If the wrong premises are searched bymistake everything possible should be done at the earliest opportunity to allay any
sense of grievance and there should normally be a strong presumption in favour ofpaying compensation.

neilmcl

HappyMJ wrote: »

The tenant would be liable if they are found guilty of an offence.

The police would be liable if they found nothing.

You need to bring a civil claim against the police.

Care to back that up with some documented facts please?

George_Michael

A couple of years ago, the police carried out a raid on the building used by the scout troop where my son was a member (they stated that they believed it was being used to store drugs!).

Nothing was found and they did pay for the door to be replaced, but they made it clear that this was not in any way an admission that they had done anything wrong and that the payment was an
ex-gratia payment.

CarolynRach

Hi, Thanks for all the comments. I'm just going to focus on getting the door fixed and then make a case that the police should pay and hopefully they'll be kind and make an ex-gratia payment.

pinkshoes

This is something from the house of commons on the matter:

INFO

I would start by asking the police for all their evidence showing that drugs were on the premises, and make them prove that their entry was lawful and justified.

Nukumai

pinkshoes wrote: »

...make them prove that their entry was lawful and justified.

And, equally, "proportionate and necessary to effect entry" (PACE)