Police can't force entry without a warrant Sod. Worries me how few people these days know their rights, no wonder we're losing all our freedoms.
Also you shouldn't be encouraging law breaking, even when it's committed by the police.
Police Broke down door into one of my properties
- Thread starter SirGalahad
- Start date
Police can't force entry without a warrant Sod. Worries me how few people these days know their rights, no wonder we're losing all our freedoms.
Also you shouldn't be encouraging law breaking, even when it's committed by the police.
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S
sodthisforfun
I am not encouraging law breaking. Just trying to tell you you've got it wrong!
Have a look here if you don't believe me. https://www.legislation.gov.uk/ukpga/1984/60/section/17
As far as i see it.
1/. You need to contact the police [Via the letting Agency] and ask for a reason that they damaged your property?
2/. Were they acting on a Warrant?
3/. What was the Warrant for? [the Tenant may want to return to the flat ] your Insurer will not permit you to let to a known felon???
4/. Some "letting" Insurance Policies will cover legal force of entry, hence you need an explanation from Plod, problem with Insurance Policies set up for letting is that the wording and clauses are very, very different from a "normal" home Insurance policy
5/. As 1/. above get the agency to act on your behalf that way you maintain a low profile with Plod.
6/. Above posts hint at Plod and wrong addresses, I have seen this on several occasions, Acacia Avenue versus Acacia Grove ??
If it were me I would be over the agent like a rash ??
Ken
1/. You need to contact the police [Via the letting Agency] and ask for a reason that they damaged your property?
2/. Were they acting on a Warrant?
3/. What was the Warrant for? [the Tenant may want to return to the flat ] your Insurer will not permit you to let to a known felon???
4/. Some "letting" Insurance Policies will cover legal force of entry, hence you need an explanation from Plod, problem with Insurance Policies set up for letting is that the wording and clauses are very, very different from a "normal" home Insurance policy
5/. As 1/. above get the agency to act on your behalf that way you maintain a low profile with Plod.
6/. Above posts hint at Plod and wrong addresses, I have seen this on several occasions, Acacia Avenue versus Acacia Grove ??
If it were me I would be over the agent like a rash ??
Ken
Sod it's you that has it wrong.
Do you know the difference between entry and forced entry ?
Did you know that debt collectors have legislative powers to enter a premises? ....
Do they have powers to force entry ? No. **** no! You don't understand the details at hand.
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or Crime Watch.
Andy
or Crime Watch.
Andy
S
sodthisforfun
The police are allowed to use reasonable force without a warrant. Power of entry sometimes can include force, as long as it can be justified. You could say that any entry is forced if the person at the door says no.
Bailiff are allowed forced entry with a writ (using a locksmith).
The police do have powers to enter without a warrant, but only in a few circumstances:
https://www.inbrief.co.uk/police/police-entry-and-search-powers/
So if you rob a bank and you manage to drive home and get back indoors, dont think the police will stop at the door...
Which goes back around to my original point Sod, you don't know your rights.
In OP's case he has to find out if a warrant was issued, if not the police were acting unlawfully and he has his front door to worry about. I've had to repeat the same thing I've already said again .
Baillifs are not allowed to enter a premises without a possession order. There is no writ that allows baillifs to use a locksmith to enter a premises, only a possession order. You've obviously seen where a writ, or the excuse of a writ has been used to justify breaking into a property with a locksmith, which is common, and is completely illegal. Was it commercial debt maybe, on a commercial premises? The shady world of debt collection has nothing to do with police powers.
Do you know the difference between a debt collector and a baillif?
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I didn't read all the replies here, but you have a number of issues.
1. depending on what your tenant was up to the police may also want to talk to you, to determine if you had any suspicions. Do not interview without legal representation.
2. I'm assuming you will want to take possession of the property for breach of contract, if they were up to no good there. Your agent can advise you of the process.
3. The Agent works for you, he is unlikely to have any responsibility in law for the tenants breach of contract unless you can prove he knew they were wronguns or he was somehow responsible through negligence. Get stuff fixed yourself rather than let him charge retail + service + vat + vat + vat etc. as they like to do.
You can deduct the repair costs from the deposit. Its for the tenant to fight the claim with the police if there was any wrong doing on their part.
In your shoes I'd be keeping my distance from plod and would be cooperative and polite if I had any dealings.
1. depending on what your tenant was up to the police may also want to talk to you, to determine if you had any suspicions. Do not interview without legal representation.
2. I'm assuming you will want to take possession of the property for breach of contract, if they were up to no good there. Your agent can advise you of the process.
3. The Agent works for you, he is unlikely to have any responsibility in law for the tenants breach of contract unless you can prove he knew they were wronguns or he was somehow responsible through negligence. Get stuff fixed yourself rather than let him charge retail + service + vat + vat + vat etc. as they like to do.
You can deduct the repair costs from the deposit. Its for the tenant to fight the claim with the police if there was any wrong doing on their part.
In your shoes I'd be keeping my distance from plod and would be cooperative and polite if I had any dealings.
Dunno about keeping a low profile. Unless I had something to hide, I’d be up the Police station in person asking why they smashed my door in.
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You can't say from this distance if the Police had grounds even without a warrant. There are many scenarios where they can force entry without one.
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How would the Police know I am the landlord? I will get the door sorted out myself and leave it at that. The Letting Agent can find out why the Police came to the property as far as I know they went to 2 properties on the street.
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The tenant family is still at the premises - shall I go and ask them or leave that to my letting agent?
Ask the tenant, estate agent and Police what the hell has gone on.
Andy
Andy
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