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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience:  30 years as a practising solicitor.
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I am a landlord of a small rental property in Scotland, registered

Resolved Question:

I am a landlord of a small rental property in Scotland, registered with the Scottish Landlord registration scheme. Earlier this month, my tenant was arrested and held on remand for over two weeks, before charges were dropped. Two days after his arrest, Police Scotland searched my property, having obtained two sets of keys, one from the tenant on arrest, and the second set from his named additional keyholder. Two days after that, Police Scotland revisited the property allegedly with a warrant (As the owner, I have requested to see this and have received no reply), and forcibly entered it, causing substantial damage in the process. Since his release, my tenant has repeatedly requested that the sets of keys obtained by Police Scotland be returned, only to be told that they have been "lost". I am aware that Police Scotland have access to the Landlord Registration database, that they were informed of the legal status of the rented nature of the property. However, at no time was a request made, much less refused, for immediate, unforced entry ( which could have been arranged, rather faster than the time taken to obtain a warrant!).

By chance,on the day in question, a neighbour in the same building contacted me to inform me that "people purporting to be the police" ( warrant refused to be shown) had forced entry into my property. Consequently, I have incurred significant expense in travelling to the location, and arranging the substantial repairs required. Under the circumstances, it seems unreasonable that I should be liable for the costs, as the force used was neither reasonable, proportionate or necessary, as far as I can see. Would you have a view, and how should I address the issue of recompense?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

The police already had the keys to the property so you are absolutely correct. There are no circumstances, short of lives being in danger, whereby they should have forced entry to the house. A warrant has to be executed in a reasonable manner. Where they already had keys they are out of order.

You should instigate a formal complaint by writing in the first instance to the duty inspector at the police office concerned and state your position.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you.

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