Police Raid, who pays?

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

Join Australia's most dynamic and respected property investment community
  1. CryptoClown

    CryptoClown Well-Known Member

    Joined:
    12th May, 2020
    Posts:
    69
    Location:
    NSW
    I know if it's a strata complex it's Strata's problems. Apart from that try with the bond.
     
  2. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,555
    Location:
    Sydney
    ACA ran a story on this issue a few days ago. Good luck getting any $$$. Unless its a error on the police part its execution of their lawful dutes and its the tenants liability. Good luck with that being covered by a bond. Insurers wont touch it either as it was "legal damage". One of he joys of ownership. Its like buying a new car someone will ding it.

    Their story also looked at a case where a crime was committed within the owners property allegedly by others. He had renovated since. :rolleyes:
    They literally stripped the unit bare for forensics and then left. Looked like it was a facebook party house when it was originally like new.

    There is a QLD law ...but good luck. reference to s804 in s263 ? So if they exercise a lawful siezure they wont pay. Most warrants are "search" warrants which may imply a siezure is one aim of the warrant. And you wont have a copy so could waste a bit of time. A simple arrest may otherwise be OK but generally a warrant will be broader than just arrest. eg weapons, drugs, cash etc....clothing and other evidence.

    https://www.legislation.qld.gov.au/view/pdf/2017-09-13/act-2000-005
     
    Last edited by a moderator: 20th May, 2020
  3. Mark F

    Mark F Well-Known Member

    Joined:
    29th Jan, 2020
    Posts:
    1,033
    Location:
    Canberra
    I'd sell the police door knocker on Gumtree to recoup some of the cost of the new door.
     
  4. Perp

    Perp Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    735
    Location:
    Brisbane
    If they exercise a lawful seizure, you just won't be compensated for seizure of that item, but I read it as still compensating you for other damage.

    So if they bust down the door (without valid reason) and seize illegal weapons and drugs, you'll get compensated for the damage to the door, but not for the value of the weapons and drugs.
     
  5. geoffw

    geoffw Moderator Staff Member

    Joined:
    15th Jun, 2015
    Posts:
    11,679
    Location:
    Newcastle
    My parents once had a place they rented out. There were a lot of problems with police raids and property condition (despite a reference from a federal politician at the time - now long since dead). But the problems didn't end with the tenants leaving. The new tenants had to put up with police raids, as the address had a reputation by then.
     

Not all tax advisers are property focussed specialists and DIY errors will always cost you. We know property taxes and will advise and get it right. Even a second opinion. Contact us for an obligation free initial consult (conditions apply).