Police incorrectly broke into house - refusing to pay damage
Police incorrectly broke into house - refusing to pay damage
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Discussion

bigdrew

Original Poster:

70 posts

160 months

Saturday 27th February 2016
quotequote all
My parents rent a house out which was recently broken into by the police.

They were responding to a call that an old woman lives there and hadn't been seen for a few days. They smashed the external door down and three internal locked doors.
There are two middle ages male tenants living there (Unfortunately these were both working when the police smashed there way in)
They wouldn't say who had made the call but told us it was a neighbour.

After they had broken in one of the tenants returned from work and gave the police our contact details - we went round to the house to be told they would pay for the damage then they cleared off and made no effort to help us secure the place. They also told us that they made every effort to contact us prior to braking in. A quick google search of the address gives my mums mobile number from a previous advert. (Not hard, not rocket science and frankly embarrassing for the police force.)

We have received a letter today stating that they will not payout as they were acting on a public call.

Repair was just over £1000 so not unreasonable given the amount of damage done.

Are we likely to see this money again? any advice on the steps we should take?

Tomo1971

1,177 posts

187 months

Saturday 27th February 2016
quotequote all
You rent the house?

Let the landlord deal with it.

lost in espace

6,614 posts

237 months

Saturday 27th February 2016
quotequote all
Claim off your insurance and they might be able to get your money back, or do you have any legal insurance with your house insurance.

Doesn't sound right to me. Complain to the police.

covboy

2,593 posts

204 months

Saturday 27th February 2016
quotequote all
Tomo1971 said:
You rent the house?

Let the landlord deal with it.
Try reading the first line again

RemyMartin

6,759 posts

235 months

Saturday 27th February 2016
quotequote all
Two things. Surely the police responsibility is to at least give the tenants a contact number to secure and secondly I would seek some legal advice from someone who knows as to me it seems like the police are liable, innocent mistake or not.

PurpleMoonlight

22,362 posts

187 months

Saturday 27th February 2016
quotequote all
My understanding is that if the police have legitimate justification to break in they do not have to pay for the cost of repairs.

Therefore, if they broke in to the address given (even if that turns out to be incorrect) then you are stuffed, and your landlords insurance is the best you can hope for.

If they broke into the incorrect address to that given though, they should compensate you for the damage.

bigdrew

Original Poster:

70 posts

160 months

Saturday 27th February 2016
quotequote all
I'll post there letter up when I get home in a few hours... But what Purple Moonlight has posted is the jist of there excuses.

Yes we are the landlord. They also knocked on another neighbours door who told them correctly there are two male tennents; one upstairs and one down. This isn't mentioned in there letter (unsurprisingly!)

Bigends

6,192 posts

158 months

Saturday 27th February 2016
quotequote all
If the initial caller reported an old lady not being seen for a few days - and no old lady actually lives at the address they broke into - have they actually broken in to the right house? I assume theyd checked with the caller and shed actually pointed the address to the attending officers?

NoNeed

15,137 posts

230 months

Saturday 27th February 2016
quotequote all
I would say the person that made the call is responsible but getting police help to find them maybe hard.

Dogwatch

6,384 posts

252 months

Saturday 27th February 2016
quotequote all
bigdrew said:
They were responding to a call that an old woman lives there and hadn't been seen for a few days.
Was there ever an old lady living there? If so she would have normally been around during the day whereas the working tenant who replaced her obviously wouldn't, so not an unreasonable cause for alarm. On the other hand if there has never been an old lady tenant then it could be either a malicious call or the plod were misdirected.

steveo3002

11,225 posts

204 months

Saturday 27th February 2016
quotequote all
sounds like b.s cant go round smashing in peoples doors

so say if you know someone you took a dislike to was at work or on holiday you could ring up and get thier house smashed up ?

bigdrew

Original Poster:

70 posts

160 months

Saturday 27th February 2016
quotequote all
It's also annoying that, once we arrived they assured us, (beyond any doubt) that we forward them the bill and they will cover the costs.

OldGermanHeaps

5,169 posts

208 months

Saturday 27th February 2016
quotequote all
Good luck, keep at it, had police take away a £1100 nvr and storage array on the promise as a couple of the cameras caught footage that was going to be used in court, on an agreement that they pay for a similar specced unit, which was actually £200 cheaper than the one they taken away, taken 3 months of constanly harrassing them and getting passed from pillar to post, and despite having in writing they would pay they were still trying to weasel out of it. The police and court system act like the biggest criminal gang in the country.

PorkInsider

6,625 posts

171 months

Saturday 27th February 2016
quotequote all
steveo3002 said:
sounds like b.s cant go round smashing in peoples doors

so say if you know someone you took a dislike to was at work or on holiday you could ring up and get thier house smashed up ?
I was thinking the same. Surely that can't be right?

DBRacingGod

615 posts

222 months

Saturday 27th February 2016
quotequote all
If it's a concern for safety and the damage is with good reason (suspected to be behind closed doors is good enough) then there's no liability.

Sorry.

(EDIT: you can appeal - call 101 and ask to speak to the Duty Inspector and put your case/complaint).

Edited by DBRacingGod on Saturday 27th February 16:01

Bigends

6,192 posts

158 months

Saturday 27th February 2016
quotequote all
DBRacingGod said:
If it's a concern for safety and the damage is with good reason (suspected to be behind closed doors is good enough) then there's no liability.

Sorry.

(EDIT: you can appeal - call 101 and ask to speak to the Duty Inspector and put your case/complaint).

Edited by DBRacingGod on Saturday 27th February 16:01
Officers attending should be sure theyve got the right house before they kick the door in. We would generally bang on neighbours doors to see if they know where the occupant may be and that there an old lady living their on her own -if not - there may be some liability on their part. Surely they made some enquiries to make sure they had the right place - this wasnt an immediate - just a concern for welfare that the old girl hadnt been seen for a few days.
Iassume they found the house they were supposed to have broken into?

Edited by Bigends on Saturday 27th February 17:49


Edited by Bigends on Saturday 27th February 18:08

tony wright

1,042 posts

280 months

Saturday 27th February 2016
quotequote all
Surely if the little old lady hadn't been seen for a couple of days they could of maybe tried again later or canvassed a few doors before barging in. Could you identify the officer in charge who told you to send them the bill and take the present u-turn up with him?

bigdrew

Original Poster:

70 posts

160 months

Saturday 27th February 2016
quotequote all
Dogwatch said:
Was there ever an old lady living there? If so she would have normally been around during the day whereas the working tenant who replaced her obviously wouldn't, so not an unreasonable cause for alarm. On the other hand if there has never been an old lady tenant then it could be either a malicious call or the plod were misdirected.
No one over about the age of 40 has lived in the house for years. Current male tenants have been in there for a few years with no change to routine.
There are old in the house to either side. The police met the person who made the call and they pointed directly at our house. So the police did break into the intended house.

Neighbour relations are all good - so I can't see it being a deliberate call.

Edited by bigdrew on Saturday 27th February 20:32

bigdrew

Original Poster:

70 posts

160 months

Saturday 27th February 2016
quotequote all
I'll get the letter up on Monday as I can scan it in at work.

It is essentially a list of excuses that don't ring true at all.
-They reported having looked through an upstairs window and saw what looked to be a woman lying in the bed. (The rooms aren't massive and the beds were neatly made.) Pretty much impossible to mistake a person lying in one I'd have thought?.

Once in the house and having broken into the first bedroom they reported a smell like Human Excrement coming from another room. Rooms smelt fine when we arrived. There is a cat litter tray but this is in the kitchen and smells like cat st. Obviously.

There is no reason given for smashing the third room in.

The house was broken into by a Sargent with armed officers in attendance, these had all left by the time we arrived and some run of the mill police, who almost appeared embarrassed, had taken over.

I guess we will lodge a complaint and maybe look at small claims court route. I don't expect anything to come of it but it will at least keep them busy and stop them running riot anywhere else!

Bigends

6,192 posts

158 months

Saturday 27th February 2016
quotequote all
Surely they spoke with the informant and confirmed the right house - when they didnt find the old girl inside the OP's house they must have gone back to her to find out what on earth was going on and why they thought there was an old woman in there . OP who are the tenants -are they of interest to the Police at all - were they looking for a reason to get into the house?

Edited by Bigends on Saturday 27th February 20:38