Police broke down doors (rented property, Scotland)

apronedsamurai

have quite a severe disability and am on limited income.

I fell down the stairs due to my disability and screamed in pain, frustration etc.

I finally managed to get my pain under control sufficiently that I was able to take painkillers and fell asleep. I then went out, came back, police had kicked the doors in, the front door and interior doors to the bedrooms because they had gotten a phone call from someone that someone was in distress. Obviously, when they did not get a response, they intervened. They gave me a ref no, and told me that landlord should get in touch with them as they would be fitting the bill, they were there on a welfare check, not a criminal investigation.

I am concerned that the landlord may try and make me pay for it, and or try to evict me for this. If it is any relevance, my landlord has deposited my deposit a week late in the TDS. There is also no inventory. I told the police (and have mentioned to my landlord on several occassions) that I am quite badly disabled and it is because of my disability I fell down (admittedly, freak occurrence).



I was not given a bill by the police, several times they stated:

"Tell the landlord, we will be footing the bill". I am not sure if they meant to replace the door, or merely the cost of the replacement locks etc.

Am I liable here?

theartfullodger

https://forums.landlordzone.co.uk/forum/scottish-rental-legal-issues/1043800-police-damaged-door-scotland

apronedsamurai

I do grasp English, thank you for noticing. My prodigious grasp of English means I also know big words like "gratuitous" and "patronising".

My concern is that the copper merely said that because I was in such a distressed state. Furthermore, I wanted to get some actual authority behind me in the case landlord decides to get heavy with me (which they have done in the past).

You may want to educate yourself on a concept called "unilateral obligation" which in common parlance is called a "promise". Legally, that is not enforceable.

I am concerned they are footing the bill only for the wooden board they nailed to the door, NOT the actual replacement of doors. So before you decide to post a patronising post that does little to highlight your own idiocy, actually take a careful review of the facts.

And yes, I have posted on a different site. I have posted here, in the hope that someone can give me a more definitive answer.

theartfullodger

Why could you not sue the Police, small-claims Sheriff court, for cost of replacing door? That would seem to me enforecable but I guess you know more than me. (I have used small-claims in Scotland, system works and there is good guidance on courts & CaB websites).

davidmcn

apronedsamurai wrote: »

You may want to educate yourself on a concept called "unilateral obligation" which in common parlance is called a "promise". Legally, that is not enforceable.

It is in Scotland, though I don't think that's helpful to your situation.

I don't think the police are legally liable as they were merely doing their job with good intentions and didn't e.g. kick in the wrong door.

I doubt your tenancy agreement says you're liable if the police come round and kick in your door in these circumstances.

So I think it ends up being the landlord's problem.

apronedsamurai

My problem is I am getting conflicting info

(2)Any reasonable expense incurred by a constable in making any premises secure under subsection (1) above may be recovered by the [F1Scottish Police Authority] from the occupier (or, where there is no occupier, from the tenant or, where there is no occupier or tenant, from the owner) of the premises.

(Civic Government Scotland Act 1962)

Now, I am the tenant (and the occupier as the landlord is not here) but the police are claiming to foot the bill, which would run contrary to that.

Comms69

apronedsamurai wrote: »

I do grasp English, thank you for noticing. My prodigious grasp of English means I also know big words like "gratuitous" and "patronising". - I'm glad, then you know that gratuitous originates from the Latin gratuitus, meaning given freely. ie your new door...

My concern is that the copper merely said that because I was in such a distressed state. - No he didn't. Furthermore, I wanted to get some actual authority behind me in the case landlord decides to get heavy with me (which they have done in the past). - what like the police? Not sure the Army would be interested, so think they'd do

You may want to educate yourself on a concept called "unilateral obligation" which in common parlance is called a "promise". Legally, that is not enforceable. - No-one promised you anything. You may want to educate yourself on that one...

I am concerned they are footing the bill only for the wooden board they nailed to the door, NOT the actual replacement of doors. - No. So before you decide to post a patronising post that does little to - think you mean to say 'but' highlight your own idiocy, actually take a careful review of the facts.

And yes, I have posted on a different site. I have posted here, in the hope that someone can give me a more definitive answer.

The police (technically their insurer) will pay for the doors to be replaced.

apronedsamurai

davidmcn wrote: »

It is in Scotland, though I don't think that's helpful to your situation.

I don't think the police are legally liable as they were merely doing their job with good intentions and didn't e.g. kick in the wrong door.

I doubt your tenancy agreement says you're liable if the police come round and kick in your door in these circumstances.

So I think it ends up being the landlord's problem.

In theory, yes, they can be enforced. However, in practice, anything verbal is worth the paper it is written on. All the officer has to do is deny saying that, and that leaves me, the pursuer, with the sum total of nothing.

Rosemary7391

apronedsamurai wrote: »

My problem is I am getting conflicting info

(2)Any reasonable expense incurred by a constable in making any premises secure under subsection (1) above may be recovered by the [F1Scottish Police Authority] from the occupier (or, where there is no occupier, from the tenant or, where there is no occupier or tenant, from the owner) of the premises.

(Civic Government Scotland Act 1962)

Now, I am the tenant (and the occupier as the landlord is not here) but the police are claiming to foot the bill, which would run contrary to that.

What does subsection 1 say?

diggingdude

Maybe you could let your landlord know and see where this goes? No one can tell you any facts it will depend on the police's decision and then perhaps the landlords. I assume you have let the landlord know his property isn't secure and could be invalidating any insurance?

apronedsamurai

Comms69 wrote: »

The police (technically their insurer) will pay for the doors to be replaced.

Thank you. That was all that was required and wanted from me.