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Police have forced entry.

seven-day-weekend
seven-day-weekend Posts: 36,755 Forumite
Part of the Furniture 10,000 Posts Name Dropper Photogenic
edited 15 October 2018 at 4:15PM in House buying, renting & selling
We own an apartment which we rent out. Today the police have forced entry as they have a warrant against the tenant concerning illegal activity.

We have managed to repair the door and the tenant is returning in a few hours.

He has always paid his rent on time and has kept the place in good order.

His contract expires on August 2nd.

Will we be able to find out if he is charged with anything?
(AKA HRH_MUngo)
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Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
«13456717

Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Whether he's charged with anything is irrelevant to his tenancy.
    Whether he's eventually convicted of anything is irrelevant to his tenancy.

    You can't request possession of the flat until August 2nd, except for specific grounds. And "the police have a warrant" is not one of those grounds.

    The damage to the door IS his problem, though.
  • Would it be worthwhile making the effort to find out if he has been "charged with anything"?

    If they accidentally chose to break into an innocent persons home that is likely to be splashed right across the papers.

    If it isnt - then they must have had a reason to force their way in - and do you actually want a tenant like that anyway?
  • AdrianC wrote: »
    Whether he's charged with anything is irrelevant to his tenancy.
    Whether he's eventually convicted of anything is irrelevant to his tenancy.

    You can't request possession of the flat until August 2nd, except for specific grounds. And "the police have a warrant" is not one of those grounds.

    The damage to the door IS his problem, though.

    We don't intend to take possession until August 2nd. We just wanted to know if he is a criminal or not.

    Thanks for your advice.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • Would it be worthwhile making the effort to find out if he has been "charged with anything"?

    If they accidentally chose to break into an innocent persons home that is likely to be splashed right across the papers.

    If it isnt - then they must have had a reason to force their way in - and do you actually want a tenant like that anyway?

    They broke into Cliff Richard's house and he was totally innocent.

    If he's done nothing wrong then we will maybe consider renewing the tenancy as he has been a good tenant otherwise.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • xylophone
    xylophone Posts: 45,784 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The police may have acted in error?

    I remember a case where the police broke into a flat (empty at that stage as Mr and Mrs were on holiday), looking for a suspect thought to be at that address - it subsequently transpired that there had indeed been a mistake and the police paid for the repair of the door.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    We just wanted to know if he is a criminal or not.

    Apart from the fact that it's actually roughly none of your business, he is legally innocent until he's proven guilty in a court. And that won't be for a fair while yet, if ever, even if he is charged.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    We don't intend to take possession until August 2nd. We just wanted to know if he is a criminal or not.

    Thanks for your advice.

    You will not know that until he is convicted in court.

    If it's something very petty you may never know as it would have been disposed of out of court such as a fixed penalty notice.

    As long as he continues paying the rent on time every month I'd just leave it as it is.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • AdrianC wrote: »
    Apart from the fact that it's actually roughly none of your business, he is legally innocent until he's proven guilty in a court. And that won't be for a fair while yet, if ever, even if he is charged.

    It's my business who I rent my apartment to.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    It's my business who I rent my apartment to.
    Yes, it is.

    But you have no right whatsoever to try to get somebody's criminal record in relation to property letting. You can't terminate somebody's tenancy because of any criminal record they may or may not have, either.
  • kinger101
    kinger101 Posts: 6,683 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 June 2016 at 12:02PM
    Tenancy agreements usually have a clause regarding illegal activity. Read yours. Contract (civil) law is relevant, not crimimal law, so the tenant doesn't need to have been charged or convicted to be in breach of their contract. If the tenant claimed they were wrongfully evicted and it came to court, it would be a balance of probabilities. So you'd need some reliable evidence of breach of contract.

    At the very least, I'd be asking the tenant and police for an explanation as to what has happened. Not sure if the police will be able to comment though.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
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