Tenant raided by police

[Peter_Tersteeg]

I'm wondering if you could tell the tenant and the police to make the repairs as it's between them. I know this is a useless legal argument but hear me out...

The result is neither party makes the repairs, so the door goes unfixed.

The tenant complains stating the property is not secure any you respond saying it's between the tenant and the police. Give them the option of releasing them from the lease.

They move out, you fix the door and get a new tenant.


I imagine you'd be denying the tenant a secure property; I'm just thinking out loud.

 

[Sez]

My first two calls would be to your insurance and also to the tenancy authority and advice line in QLD who will (hopefully) both provide you with less biased advise on who is responsible for what. I would be concerned about the property not being secure at the moment though, the repercussions of if the tenant got broken into could be rather undesirable.

In VIC we have a notice to vacate that we can send which means the tenant has to leave at the end of their fixed term lease. It is a 90 day notice to vacate for 'end of fixed term tenancy'. If you still have 10 months left on the lease and there is a similar notice for your state then perhaps this is the best notice to serve???

Messy situation - I've dealt with properties that have been raided by the police in the past but the tenant has always been long gone and I've just had the clean up to deal with which was generally covered by insurance.

Let us know how it all works out for you & good luck!!

 

[dan c]

We all realise that, but we are talking property.

Being charged for an offence is not cause for eviction. If the person is doing something illegal then under the lease it is, but you have to prove that in the relevant tribunal.

Great post Peter.

It doesn't matter what the OP thinks, or 'knows', it's what can be proven. If the police haven't laid any charges, and you have no proof of any breaches, the tenant can easily argue that the damage was not their fault.

I'd be checking the landlord insurance to see what is covered under the damage clauses.

You won't get a cracker out of the police, and you may be able to bluff a few bucks out of the tenant, but I'm not sure you have the grounds to do that.

 

[Peter 14.7]

I guess we end it here as the owner has legal advice to wisely keep quiet.

Thanks to all. Peter

 

[thatbum]

I guess we end it here as the owner has legal advice to wisely keep quiet.

Thanks to all. Peter

I doubt that formed any part of the legal advice.

And I'd be surprised if the advice wasn't pretty much what I said earlier. I give advice on these matters semi-regularly unfortunately. And its typically more the 'fault' of the police taking advantage of their various indemnities from civil liability.

 

[Peter 14.7]

I doubt that formed any part of the legal advice.

.

Actually, it did.

The OP posted this a few posts ago, perhaps you missed it?

I have got legal advice and will not be commenting further until the matter is resolved. Thanks to most for your advice and time.

His advice is not to comment on public forum a sensitive matter. That was what i was saying.

Peter 14.7

 

[Peterw]

For interest here is the situation in Queensland. You may find it is similar in your state.

http://www.qld.gov.au/law/crime-and-police/being-arrested-and-police-custody/being-searched/

http://www.caxton.org.au/pdfs/Police Powers Your Rights.pdf

Hope that helps

 

[Peter 14.7]

For interest here is the situation in Queensland. You may find it is similar in your state.

http://www.qld.gov.au/law/crime-and-police/being-arrested-and-police-custody/being-searched/

http://www.caxton.org.au/pdfs/Police Powers Your Rights.pdf

Hope that helps

Thanks for these great links. Clarified when Police can damage and then if so, it si not their fault. Obviously getting what happened form tenant and police will be hard but it is a good start.

Peter

 

[Risky Business]

Great post Peter.

It doesn't matter what the OP thinks, or 'knows', it's what can be proven. If the police haven't laid any charges, and you have no proof of any breaches, the tenant can easily argue that the damage was not their fault.

Beyond reasonable doubt and the balance of probabilities are two different things. Some might even suggest that there is a third level of proof.

Perhaps Police should also bring a quantity surveyor with them to do a before and after schedule. Perhaps they'll only force entry on houses 40 years plus.

 

[elsLan]

In Victoria the police are actually obliged to repair damages to property after forced entry or searching.
An apartment next to one I own was visited by police as they thought the tenant had died inside and the forced entry bill for repair was sent to the senior officer on the case and it was paid.
Otherwise building insurance should cover damages if no illegal activity was proved to be occurring.

 

[crest133]

Go see a compensation lawyer, first consultation free, talk to ombudsman, attorney general etc. Squeaky wheel gets the grease.
Give tenants notice to move out asap, it's no crime to demand, you just can't enforce until the correct time is elapsed according to state laws and the period of the lease.
Cheers
good luck
crest133