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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70005
Experience:  Over 5 years in practice
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Hi I have a property which I rent out. Recently the police

Resolved Question:

Hi I have a property which I rent out. Recently the police obtained a court warrant and raided the house a small amount of cannabis was found on the person of the son of the tenant and no further action was taken. The police in carrying out this action completely removed the front porch door including the hinges and broke the inner door and split the frame. I obtained an estimate of £3500.00 for repair. I tried to claim from the department that deals with police compensation, but they told me that they had a warrant and were not responsible for the damages can this be.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Did the tenants refuse to allow entry?
Customer: replied 2 years ago.

no the door bell was not uses they raided the house at 06.00am the tenant has told me that she would have opened the door had the bell been used.

Expert:  Jo C. replied 2 years ago.
Thank you.

It is likely to go to the Crown Court realistically. Just the amount in question renders it unsuitable for the magistrates court.

You are probably much better off at the Crown Court anyway because they see real crime and magistrates generally do not.

You can use the duty solicitor at the magistrates court although you should bear in mind that you are entitled to a barrister at both hearings.

I think you probably will avoid a custodial sentence unless you have horrendous previous convictions. I suppose they could argue it's a breach of trust although I'm not sure that I see it because the credit card company are the losers rather than your wife.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

I think you have sent me someone else's reply can you please have another look.

Expert:  Jo C. replied 2 years ago.
Sorry! My dictation software sometimes does that.

This is your answer.

Thank you.

It is basically right to say that the police are not liable for damage if they had a warrant to enter. They do not even need to find anything on the property to justify entry if they had a warrant. They only need reasonable suspicion.

However here, there was reasonable suspicion because cannabis was found and cannabis is illegal.

Nevertheless, you could try various options. The 1st option, of course, is to sue your tenants because had they not behaved in a way that attracted the interest of the police this would not have happened and you should not be liable for that. In fairness, I have never had the police round at 6 AM to raid my house and probably neither have you. It is always possible that it can be a mistake but generally it's the type of thing that happens to people who come to the attention of the police disproportionately.

The 2nd is to approach the Constabulary again and argue that you should be compensated because they did not try to gain entry but forced the door immediately. Their answer will almost certainly be that they did try to gain entry but didn't get an answer. However, sometimes they will offer compensation if they think that a genuine innocent has been affected by their actions.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70005
Experience: Over 5 years in practice
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