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View Full Version : Who is liable for damages



bonez
02-12-2005, 14:29 PM
A friend of mine who manages a property for his daughter rented it to a tenant last year within 6 monyhs the police broke the door down and arrested the tenant while conducting searches the property was damaged not to mention the doors that was smashed in and the garden gate that the police also broke to get in the backyard, nothing illegal was found on the property and no part of the rental contract was violated, when he approached the police they told his the tenant should pay for the damages and he should sue the tenant, i am not entirely sure this is correct with the rental agreement being intact and the tenant not beint the one who did the actual damage, does anyone know who would be responsible. thank you for any advice you might have to give.

MrShed
02-12-2005, 14:33 PM
The tenant is responsible to you for the cost of these damages. However, the tenant may wish to pursue them with the police. But for all you are interested in, the tenant must pay. His tenancy was in place at the time, and he was responsible for the property. For example, if the tenant had a friend over, and the friend damaged the property, then the tenant would be responsible....there is no difference.

davidjohnbutton
02-12-2005, 16:47 PM
I think you will find that you cannot hold the tenant liable for damage done by third parties unless they are in the direct control of the tenant (i.e. a child of the tenant or his visitor breaking a window, the tenant would have to pay, but a thief/vandal doing same, landlord would have to pay).

The police are no exception to this - they damaged the landlords property and I believe the policy is that if no crime is found on a forced entry, the police are liable to repair, but if they find a crime, like drugs for example, then they are not liable and the occupier must sort out the damage.

Personally, I find it no more acceptable for the police to kick MY door in to get at a tenant than if they (the police) were to arrive at my house and kick my car because my neighbour was speeding in his car if you see what I mean.

It has happened to one of my houses years ago where my tenant was woken at gunpoint by police who believed there to be guns in the house - only trouble was the "gunman" was the previous tenant who had left some 18 months previous. Compo was paid out and the door which was a total wreck was fully replaced by the police within hours.

Incidentally, why do the police have to use those silly enforcers which bash doors off the hinges and cause horrendous damage, particularly to double glazed doors which they often have to bash a few times because of the multi-point locking system most of them have - whats wrong with a locksmith - be just as quick and quieter as well - or have I been watching "The Bill" too much?

MrShed
02-12-2005, 16:53 PM
Oh ok thats me corrected! :) lol