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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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Can I claim repair (more likely replacement) costs of the

Customer Question

Can I claim repair (more likely replacement) costs of the front door that the police have broken, to gain entry? If so, how should I go about this?
Background:
The police gained entry to my flat by using 'the enforcer' on the door after being unable to slip the lock (CID told me this), which seems to have broken the deadbolt off, creating a hole in the door, which they were then able to put their hand through and open the night latch.
This happened on a Friday at around midday, I listened to the voicemail they left at 6pm that evening from a Detective Constable saying that "police have attended an address that has been linked to you". (He subsequently told me he had gotten my Name and phone number from a receipt which I had left at the flat).
I visited the property that friday (which is currently empty undergoing refurbishment) to find the door had been broken into and subsequently partially boarded up.
I attempted to call him back to find out what exactly had happened - My mixing drill had not been taken so was confused as to whether it was a burglary or not. There was no answer on Friday. On Monday I called the main CID line to find out what had happened. There was no record of anything under my name or the address which I found very odd. Another CID officer told me when he next would be working
I finally managed to speak to the correct DC at 11pm on Tuesday who said they attended the flat above mine (it's a converted house consisting of 2 flats; A Ground floor flat, and a 1st floor flat) for an unrelated reason that he couldn' go into, then while outside the property saw lots of flies in the window of my flat so "they thought there may have been a dead body inside". Base on that, "cobwebs on the door and a light that I was left on" (which I leave on for security) they decided to break in.
Nothing was found. Where do I stand?
Submitted: 26 days ago.
Category: Property Law
Expert:  Remus2004 replied 26 days ago.

Why did they gain entry?

Customer: replied 25 days ago.

Hi,

CID told me they thought there may have been a dead body inside, based initially on lots of flies in the window, then when they went around the side, to the front door, there were "cobwebs on the door and a light that I was left on".

Expert:  Remus2004 replied 25 days ago.

OK. That does give them a right of entry then

Why were they not allowed in?

Were you not home?

Customer: replied 25 days ago.

No one was in because the flat is currently being renovated, so no one is currently living there.

If they had called the council for my name and number, which they do have on file relating to that address as I am a licensed landlord, I would have happily come and opened the door for them.

It just seems like it would have been a sensible option for the Police to call the owner first then ask me to open the door if they were still concerned.

Customer: replied 12 days ago.

I am just wondering why I haven't received an answer yet?

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