Police Raid, who pays?

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

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  1. Mick Butterfield

    Mick Butterfield Well-Known Member

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    Probably not. Again it is a reasonable use of force in the carrying out of their duty. I had to use it on an animal in the past. The only reason I think it would be excessive is that if it was a little fluff ball or a dog chained up that could not get to them. I think then the common sense approach to reasonable would be applied.
     
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  2. willair

    willair Well-Known Member Premium Member

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    I know a few Landlords that have had this happen too them in Brisbane over the years one several times too the same house,and the Police have paid for the damage every time..
     
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  3. Mick Butterfield

    Mick Butterfield Well-Known Member

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    May be different in QLD I was in NSW.
     
  4. kierank

    kierank Well-Known Member

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    I am exactly in this situation at one of my Qld IPs.

    Do you know/can you explain how they went about this so that they were always successful?
     
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  5. Scott No Mates

    Scott No Mates Well-Known Member

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    The usually have a portable battering ram or in the good old days of "Beck's Raiders", a few well positioned hits with a sledgey.

    It'd be very rare that they were inadequately prepared and weren't successful. :oops:
     
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  6. kierank

    kierank Well-Known Member

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    The cops were very successful in our case; they got their man (our tenant).

    I just need the landlord (i.e. me) to be just as successful :D.

    Hence, my post.
     
  7. Redwing

    Redwing Well-Known Member

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    Used to be the best Police Force money could buy ;)
     
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  8. Stoffo

    Stoffo Well-Known Member

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    Nice use of the search function :D

    I always thought that most rental agreements state that the tenant is not to do or conduct anything considered to be illegal :rolleyes:

    The police turning up because of the tenant should mean liability should fall to the tenant o_O

    I would pursue the bond (good luck getting anything out of the tenant, there won't be much left after the break lease and a few weeks missed rent).
    When fixed review the property management :p
     
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  9. kierank

    kierank Well-Known Member

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    Unfortunately, in our case, the alleged crime was committed 3 months before they became our tenant.
    My thoughts to fund the damage (in decreasing order of preference):
    1. Tenant
    2. Police
    3. Property Management
    Note:- landlord is not on my list :D.
     
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  10. thatbum

    thatbum Well-Known Member

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    You want the tenant to be responsible for something that happened 3 months before they got there?
     
  11. kierank

    kierank Well-Known Member

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    I know I am stupid but I am not that stupid :D.

    The crime was allegedly committed in October, the tenant moved into our IP in January and the Police raided them in our IP in March :eek:.

    That is why I posted:
     
    Last edited: 19th Apr, 2020
  12. willair

    willair Well-Known Member Premium Member

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    Kierank,i think it was the location of the house in inner southside Brisbane as it was on on a busy road and suited the business model ,and the stupid part was one dealer would leave and another would move in and it 6-9 months later the same again and that happened over 5 times and they way the Police would enter the property would smash the door frame locks door apart ..
    What's happened was and this was a few years ago now ,my mate would get a call from sometimes just prior or after the police had entered the property at 5 in the morning after they smashed their way in and he would send the bill too some department within the Qld Police and the bill was paid..
    I will have a talk to the person and see if i can find out,but i know he became very good friends with the lead detective within that drug squad unit and i would say that may have helped..
     
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  13. kierank

    kierank Well-Known Member

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    That would be great. Anything you find out will help our cause.

    The Police have not reached out to us, probably (we assume) as it might be an ongoing investigation. We have three quotes for the repairs and they are between $5,000 and $6,000.

    So serious damaged was caused. I am not saying that the Police did anything illegal but we are innocent “victims” in this and don’t believe we should have to wear the cost (if the tenant can’t/won’t pay).
     
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  14. willair

    willair Well-Known Member Premium Member

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    Kierank, i had a quick talk and he said the first step was obtain 3 quotes then he contacted the ''Deputy Police
    Commissioner'' With the ending ''I approach you with this problem before i contact the media'' but that was over 15 years ago and social media minute --minute is a lot more power-full now,and i think with the amount of properties that search warrant's are issued each day in Qld if there was a payment problem then the 6-30 crying games shows would have covered that problem ..

    6-7k in damage is not good ,but the first cab off the rank would be the ''Deputy Police Commissioner'' ..good luck..

    https://www.legislation.qld.gov.au/view/pdf/2017-09-13/act-2000-005
     
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  15. kierank

    kierank Well-Known Member

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    Thanks for your post.

    I will let you know how I go ...
     
  16. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Provided police have lawful entry it's probably tough luck. Entry warrants allow them to use force. The crime may have occurred well prior.
     
  17. Perp

    Perp Well-Known Member

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  18. Redwing

    Redwing Well-Known Member

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    upload_2020-5-20_8-4-12.png
     
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  19. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    This reminds me there was something on 60min a few weeks ago about someone suing the WA police for damage they did to his unit on a raid. He moved in after not being able to sell it and also had medical issues due to the chemicals the forensic team used - and they refused to tell him what chemicals.
     
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  20. Scott No Mates

    Scott No Mates Well-Known Member

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    That's the biggest door knocker I've seen. Does it come with a fixing kit?