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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
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Would a private landlord be responsible for criminal damage

Resolved Question:

would a private landlord be responsible for criminal damage against my property caused by his tenants?
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Could you explain the situation here a little more please?

F E Smith and other Law Specialists are ready to help you
Customer: replied 11 months ago.
I was away for the weekend and a neighbor informed me by phone that my ten foot high garden brick wall had been seriously damaged as well as my expensive garden furniture; by the tenants next door during a house party. My neighbor took the name of the perpetrator but i'm not sure if its his real name. The police have been informed and they told its criminal damage which they will investigate. If the perpetrator has not given his real name would the landlord be liable?
Customer: replied 11 months ago.
Have had no response to my first question.
Expert:  F E Smith replied 11 months ago.

I said that I would confirm what we spoke about.

The police would deal with this for you and if the person has given a bogus name, they should pursue the other tenants and partygoers to get the correct name.

It might take some time but that should be the case.

If the police abandon it, you potentially have 3 defendants.

The bogus defendant if you have a correct name, the named tenants from next door and the landlord.

Using the “but for” test, then block for the landlord allowing these unwholesome tenants into the property, your property would not have been damaged.

If you threaten the landlord with civil proceedings as a co-defendant with the tenant and Mr anonymous, he maybe more forthcoming with the identity of the tenants.

It would be worthwhile having a quiet word with him first telling him what’s happened and asking for the names of the tenants. I would also give him the crime number and tell him that the police are looking at this because the last thing he may want the police coming round to his property.

If ultimately he is unhelpful, you can apply to court for a court order called “pre-action disclosure” which is a court order to make the tenant. If threatening any court proceedings, give a deadline before which they can reply to avoid proceedings.

Once you have all the details, you can if you proceedings with Mr anonymous as first defendant, the named tenants as second defendant, and the landlord as third defendant.

If you proceedings against Mr anonymous you are going to have to find out who he is and where he lives. Best wishes.

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