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SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 5219
Experience:  Director and Principal Solicitor. UK
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I have ongoing problem with my tenant, just recently came

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Hi, I have ongoing problem with my tenant, just recently came back to property when he used to live and smashed the house up
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Police inform me about that,I didn't fill any paper work
JA: Where is the house located?
Customer: Coventry
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Tenant is in eviction process and we waiting for the bailiff and he had the keys police said it wasn't burglary and they closed the case

Good morning, welcome to just answer. I am a solicitor and reviewing your question now for you. I should revert without delay

It would not be burglary but it is malicious damage to property and as such the police should get involved and you should get the damage valued and if he has a forwarding address sue him for the damages suffered. Any clarification please do not hesitate to send your follow up question, glad to assist always. All the best.

Customer: replied 12 days ago.
Police closed the case and advise me to go through insurance

If you reported it as burglary though then it was not for the police to get involved because it wasnt burglary, he had keys and technically still had access and had not been evicted yet.

If you have landlord policy it would be the quickest way especially where clearly the person behaves this way, they may not take any court action against them seriously. I doubt your home insurance would cover the claim on these specific facts, but it is worth considering the specific wording of he policy.

SolicitorRM and other Property Law Specialists are ready to help you
Customer: replied 11 days ago.
I didn't report to the police, neighbour rang police and informed that. They classified as a burglary, as I found out obout it from social media website.I rang 101 yesterday and I gave them a name and his current address the person who used to rent the property. It wasn't sign of burglary the person just came in and made malicious damage. Cheers

Hi, they should take action now that you have corrected the facts. You can sue them too for damages  as I explained above. All the best

Customer: replied 9 days ago.
Hi, contacted police, no evidence, case closed

Hi, thank you for the update. The burden of proof for a criminal charge is very high, it is proof beyond reasonable doubt. Their closing the criminal investigation therefore does not automatically mean you cannot claim damages if you are able to show that he did it and if the neighbours agree to be witnesses. in a civil claim the burden is on a balance of probabilities which is a lot less harder to satisfy. All the best.