Police force entry - building of 3 flats
Discussion
The police have forced entry and totally wrecked a common front door to a let flat of mine. They were after the tenants on the top floor. I own and let the middle floor whilst an owner occupies the ground floor.
Assuming I / the landlords are unable to get the police to repair/compensate (ie assuming it was lawful- the tenants on the top floor are apparently well known county line drug dealers and recently gone into burglary. I also assume it would be unusual for the police to knock/request access via the other 2 occupied flats - that is , it is reasonable for them not to attempt another owner/tenant to open the common front door).
The main question for me is who is liable for the repair (replacement is likely and will be around £2k to have the same door remade in hard wood)?
My guess would be, firstly, the tenant in the top floor(flat 3), although we can assume this is unlikely to result in any repair… Secondly, the landlord (who is very much aware of the reputation and nuisance the flat 3 tenants cause - I have already lost 2 great tenants due to their presence and currently my flat is unoccupied due to this, which is costing me £600/month.
Perhaps insurance will cover?
Worse case is we split it 3 ways, but reluctant to do so until the tenants are forcibly evicted (flat 3 landlord has finally commenced a section 21, perhaps this is evidence to speed the process up - section 8(?)).
I should also say that flat 1 has just sold to a new owner about 3 weeks ago. She is in total shock of the situation as absolutely no awareness of what she was getting into. She is elderly and has a serious illness that means she can not help the situation. To be honest, I can not believe the previous owner did not have an obligation to share this situation with the buyer. Terrible for her really.
Any comments much appreciated.
Assuming I / the landlords are unable to get the police to repair/compensate (ie assuming it was lawful- the tenants on the top floor are apparently well known county line drug dealers and recently gone into burglary. I also assume it would be unusual for the police to knock/request access via the other 2 occupied flats - that is , it is reasonable for them not to attempt another owner/tenant to open the common front door).
The main question for me is who is liable for the repair (replacement is likely and will be around £2k to have the same door remade in hard wood)?
My guess would be, firstly, the tenant in the top floor(flat 3), although we can assume this is unlikely to result in any repair… Secondly, the landlord (who is very much aware of the reputation and nuisance the flat 3 tenants cause - I have already lost 2 great tenants due to their presence and currently my flat is unoccupied due to this, which is costing me £600/month.
Perhaps insurance will cover?
Worse case is we split it 3 ways, but reluctant to do so until the tenants are forcibly evicted (flat 3 landlord has finally commenced a section 21, perhaps this is evidence to speed the process up - section 8(?)).
I should also say that flat 1 has just sold to a new owner about 3 weeks ago. She is in total shock of the situation as absolutely no awareness of what she was getting into. She is elderly and has a serious illness that means she can not help the situation. To be honest, I can not believe the previous owner did not have an obligation to share this situation with the buyer. Terrible for her really.
Any comments much appreciated.
I am the owner of the lease for flat 2 (middle floor). The owner of the freehold is non responsive to any matters. There is a pepper corn ground rent of £15 pa.
Flat 1 appears to act as a conduit to the freeholder. I think flat 1 had a head lease, but might be wrong. Flat 1 sorts out the building insurance.
Flat 1 appears to act as a conduit to the freeholder. I think flat 1 had a head lease, but might be wrong. Flat 1 sorts out the building insurance.
I believe that if there is a known problem (not suspected or 'everyone knows about it') especially with the police aware then it is something that should be disclosed and failure to do so can lead to legal action.
I have no legal knowledge whatsoever and could easily have misinterpreted what I read/heard
I have no legal knowledge whatsoever and could easily have misinterpreted what I read/heard
Police will generally 'make secure' (board up etc) property and not pay for perm repairs on a legitimate entry.
I would imagine a communal door repair will likely fall on the tenant served with the warrant as it was caused as a consequence of the tenancy, but I may be wrong.
Quote:
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 by mistake 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 of paying compensation.
https://assets.publishing.service.gov.uk/governmen...
I would imagine a communal door repair will likely fall on the tenant served with the warrant as it was caused as a consequence of the tenancy, but I may be wrong.
Quote:
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 by mistake 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 of paying compensation.
https://assets.publishing.service.gov.uk/governmen...
Police wont pay for the replacement, if they have a lawful reason to put the door though, they had a warrant to arrest criminals thus lawful reason to put door through.
In your case its the 'door owners' responsivity to fix it. In this case though you'll need to establish who is the 'door owner' per se, its either the freeholders responsibility or the leaseholders responsibility, this will be outlined in your contact with the freeholder.
In your case its the 'door owners' responsivity to fix it. In this case though you'll need to establish who is the 'door owner' per se, its either the freeholders responsibility or the leaseholders responsibility, this will be outlined in your contact with the freeholder.
Thanks for the comment.
Assuming forced entry etc was legitimate (highly likely - I have written to Lancs police), I have asked why the amount of force to gain entry was reasonable. SImply breaking the glass with a glass hammer and reaching in to unlatch would have avoided battering the wood door. I guess the glass may be tough but surely not as tough as the wood. The glass has broken in shards and the temp repair did not include making safe or picking up the shards of glass, totally unsafe for children.
Assuming forced entry etc was legitimate (highly likely - I have written to Lancs police), I have asked why the amount of force to gain entry was reasonable. SImply breaking the glass with a glass hammer and reaching in to unlatch would have avoided battering the wood door. I guess the glass may be tough but surely not as tough as the wood. The glass has broken in shards and the temp repair did not include making safe or picking up the shards of glass, totally unsafe for children.
Usually the main entrance door/s leading to the communal hallway and/or the stairwell of a leasehold block of flats, is the responsibility of the Freeholder.
I once have my local police force, use their big key to remove the front door from a rental property. Their reasons covered their concerns for the health of my tenant, who happened to be on holiday in Canada. The police kindly covered the cost of the replacement and installation of a new door.
I once have my local police force, use their big key to remove the front door from a rental property. Their reasons covered their concerns for the health of my tenant, who happened to be on holiday in Canada. The police kindly covered the cost of the replacement and installation of a new door.
monthou said:
fourstardan said:
WTF you taking on scum like this for in the first place, surely referencing would had identified some issues?
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