Legal rights for forcing entry into a property after a death

CliffordSquirrel

My brother in law was found dead in his flat on 3rd October. We were notified by the Police who told us the flat would be made secured and keys would be left at local police station. My husband is the only relative and when he went to the Police station he was told they could not find the keys and a Police officer had to return them to us.

After numerous phone calls via 101 we have been told various stories. Keys with Property or Exhibits office which is closed for training! Officer dealing with case has to return keys. He may or may not be on leave/or sick. Emails sent to him - no reply. 

The other problem is the windows to my brother in law’s flat have been left wide open which causes a draught to the other neighbours in the flats and door is rattling. Neighbours complaining to us. 

Has my husband got the right to get a Locksmith to get into flat? It is very frustrating as we have been left in the dark and need to find documents etc in the flat to sort the estate out. Also there will be food left decaying which could cause ant infestation! 

tacpot12

Yes, your husband has a right to get a locksmith to provide access into the flat, although this will be expensive. 

The basis for this is that he beleives that he is your brother-in-law's personal representative, and needs to gain access in order to check whether his brother left a will.

Mojisola

CliffordSquirrel said:

After numerous phone calls via 101 we have been told various stories. Keys with Property or Exhibits office which is closed for training! Officer dealing with case has to return keys. He may or may not be on leave/or sick. Emails sent to him - no reply.

Put the poor way this has been handled in a letter to someone more senior at the police station which dealt with the death.

I don't know what the highest ranking officer would be but someone else on here is likely to know.

user1977

Who's likely to object to your husband getting a locksmith? I would just get on with it.

T.T.D

First and foremost, they police, they have left the flat unsecured/open to the elements, you may find this is against policy. 

Whilst leaving the flat open to air out any lingering odours that may have been present from affecting other residents, they have a duty of care too to prevent damage. Someone should have returned shortly there after to close it up.

Having to spend money out on a locksmith to gain entry is no fault of yours.
A complaint to the station sergeant, about the mislaying, mis communicating of who should have them and the lack of common from 101
and the constable dealing with this, along with a copy of the receipt from the locksmith for reimbursement of your costs is in order. 

If your not happy with the response from the Sergeant then you will have the opportunity to go to the IOPC. Any upheld/Partially upheld complaints remain on a constables record indefinitely as it should. 

Keep_pedalling

If your husband plans on administering the estate then he has the right to gain entry to the flat and change the locks. I am assuming the flat was owned by your BIL rather than rented.

Marcon

tacpot12 said:

Yes, your husband has a right to get a locksmith to provide access into the flat, although this will be expensive. 

The basis for this is that he beleives that he is your brother-in-law's personal representative, and needs to gain access in order to check whether his brother left a will.

Try finding a locksmith who'll break into a property on that basis...

OP, I think you need to contact the police station again, explain your concerns and ask what time tomorrow(!) would be convenient to collect the keys. If they can't confirm, ask them if they would be willing to arrange for a locksmith to do the necessary, given that you are unable to instruct one yourself because you cannot prove you have legitimate grounds for gaining access to the property, but as it has been left in an insecure state etc etc.

GDB2222

How long was BIL dead for before the police gained entry? That may explain why they left the windows open. 

Can I ask the OP if she has a picture of the locks? It may be relatively easy to break in.

Grumpy_chap

The OP has my sympathy for their loss.

I think the OP needs to contact the local Police Station, either in person visit or by phone (to that actual station) if possible rather than using the 101 call-centre which certainly won't know what is going on in the level of detail the OP desires and won't have the resources to find out.

user1977

Marcon said:

tacpot12 said:

Yes, your husband has a right to get a locksmith to provide access into the flat, although this will be expensive. 

The basis for this is that he beleives that he is your brother-in-law's personal representative, and needs to gain access in order to check whether his brother left a will.

Try finding a locksmith who'll break into a property on that basis...

I'm not sure how many questions they ask in practice - I found it surprisingly easy to phone a locksmith to let in my stepdaughter who had forgotten her key. Besides, I'm not sure what one could expect the brother to produce at this stage in the process?