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Police Raid, who pays?

Discussion in 'Repairs & Maintenance' started by Scaphella, 20th Sep, 2016.

  1. Scaphella

    Scaphella Member

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    Damages to door to come out of tenants bond or landlord to cop it on the chin? :mad:

    Terri Scheer won't cover under landlords insurance, House & building insurance excess exceeds cost of repairs ($500)...
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Police?
     
  3. Kat

    Kat Member

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    I'd attempt to get it from the Bond. If using a property manger, may be worth getting their opinion.

    I wish you luck.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    It's all their fault that they failed to uncover the tenant's psychotic drug background.
     
  5. Mick Butterfield

    Mick Butterfield Well-Known Member

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    Never! If lawful raid anyway.
     
  6. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Why not. They caused the damage so civil proceedings could be taken out.

    By law police can use force where reasonable and necessary and this includes damaging property, but I don't think there is any reason why you could not seek compensation from them.

    The first thing to do would be write to the police enclosing evidence and asking for compensation.
     
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  7. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I believe Terry is correct. You can claim to the police for damage caused by them.

    I didn't bother when they managed to break down the only secure door (front door) of a derelict property that they were clearing out trespassers on. Trespassers had broken into a numbers of doors and windows but the police used the front door - sigh. Just propped it back up and tech screwed it shut again
     
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  8. Westminster

    Westminster Tigress at Tiger Developments Business Member

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  9. Mick Butterfield

    Mick Butterfield Well-Known Member

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    From my experience if the force was reasonable there is very little re course for compensation from the police. If excessive this is a different matter of course.
     
  10. TMNT

    TMNT Well-Known Member

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    not even a remote expert on this, but wouldnt there be a clause or a law that says police can do virtually what they want? if they feel its warranted?

    cant imagine the 1000s of civil suits in the courts everytime the police speed, crash a car, damage a door, hurt peoples feelings, false arrest
     
  11. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    No. Police have to follow the laws too.
     
  12. TMNT

    TMNT Well-Known Member

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    well, technically not, because they do go through red lights, they do speed

    also its illegal to go onto private property and kick down a door,
    so obviously there is a law or clause that minimises or voids their actions or else there would be millions of dollars of claims on a daily basis
     
  13. Indifference

    Indifference Well-Known Member

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    Tenant pays upfront. If lease terminated or they have vacated, then it comes out of the bond. If tenant has issue, they can take it up with the police department.

    That's how I'd be approaching it in the 1st instance.
     
  14. thatbum

    thatbum Well-Known Member

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    Probably not a great way to go about it. The normal tenancy laws for damage to the property applies...
     
  15. Mick Butterfield

    Mick Butterfield Well-Known Member

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    As an ex police officer police are legally aloud to break the law if there is a reasonable reason for doing so ie. going through a red light/speeding while going to an urgent job. The question is, is it illegal if there is provision in the legislation for police to act in this manner? I think not.

    If damage is sustained in a lawful search, using reasonable force then there is no re course for compensation. If you feel as the subject of the search that it is excessive, then you have every right to make an official complaint. Can't say too many of them in comparison to the amount that are filed are held up.
     
  16. Indifference

    Indifference Well-Known Member

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    Yes indeed, but isn't it usually escalation based? Ie. Try to resolve directly with tenant first, then bond/insurance, then legal system....?

    Perhaps I've been doing it wrong for too long...
     
  17. TMNT

    TMNT Well-Known Member

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    exactly!!! there must be an exception or a clause for them,

    just like when you go through customs they can open your brand new package of whatever if they want to investigate, and it if it drops in value, you cant sue,

    im sure if they drop a bottle of wine there is not much can do about it except whinge
     
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  18. Mick Butterfield

    Mick Butterfield Well-Known Member

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    You could always start licking it off the floor if you are that hard up for a drink :)
     
  19. TMNT

    TMNT Well-Known Member

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    hmmm but they havea doctor there dont they??? to remove the glass shards from my tongue :)
     
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  20. neK

    neK Well-Known Member

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    @Mick Butterfield

    Curious about this, cops pepper sprayed my in laws dog because they needed to get into onto their land to surround the neighbour (it was the neighbour they were trying to apprehend).

    Lucky the dog was ok afterwards, but in the event we needed to see a vet, would the cops foot the bill for that?
     
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