Think Tank

Who will raid their piggybank?

The police raided one of our properties at 3.30pm on a Friday. Nine officers used battering rams on the back and front doors and comprehensively wrecked both. The tenant, who was not given a chance to answer the door, was arrested and taken for questioning. The housing association had no previous knowledge of any problems at this property.

The firm called out to secure the property by the police simply boarded up the place so no one could gain access – not even the tenant on her release three hours later. Once the association became aware of the problem, the front door was modified for access with a key, but by no means made secure.

The bill for repairing the doors will be about £900. Who pays for this work?

We understand no drugs were found, but the community police officer tells us that in all probability dealing was being carried out. Do we now evict the tenant? We use a standard National Housing Federation-assured model tenancy. Will the police release information so we can evict the tenant?

I assume the police had a search warrant. If so, it was the tenant’s responsibility to admit them peaceably if they gave her a reasonable opportunity to do so, so you could probably charge her for the cost of repairing the door.

But if, as you say, they gave her no chance to admit them, I do not think she can fairly be charged. The police action does seem very heavy-handed – the degree of force seems more appropriate to a suspected firearms case than one of drug-dealing.

As for evicting her, you need some clear evidence that she is in breach of the tenancy.

Using the premises to deal drugs would, of course, be a serious breach, but you need something more definite than the mere assertion of a police officer, especially since nothing incriminating was found and I get the impression she is not being prosecuted. If drug dealing was indeed taking place, it is surprising that nothing had previously come to your attention.

The police have powers to disclose evidence to you (if they have any) for the purposes of legal action, which would include a possession action. Such a disclosure is permitted under the Data Protection Act.

John Bryant, Policy officer, National Housing Federation

The police are entitled to use reasonable force to enter premises where they have a warrant for a person’s arrest but usually will request the cooperation of the occupier and will only use force if that cooperation is refused or where it is impossible to communicate with the occupier.

You say the tenant did not have time to answer the door. Following a search, the police must keep a record as to whether the entry was forced and, if so, the reason why force was necessary. You could ask them to let you have this detailed information to see whether or not the information you have – that she was not given time – is correct.

Once the police have forced entry, they must make the premises secure, which they did in this case. Other than that, there is no further obligation on them to make good or pay for the damage unless perhaps there has been some technical fault or irregularity in the execution of the warrant, which is why you may wish to ask for further details of the reason for forced entry.

Under the 1998 Crime & Disorder Act the police, local authorities and registered social landlords were encouraged to set up local police protocols whereby information would be mutually exchanged.

If such a protocol is in place in your area, the police should reveal information to you under the terms of the protocol as to the activity at the premises and their involvement. If not already in place, perhaps you should consider setting up such a protocol to assist with such cases in future.

As to whether or not you can seek to evict the tenant, much will depend on the information revealed by the police as to the unlawful activity at the premises and also whether such behaviour is in breach of your standard tenancy terms and/or ground 14 of the 1988 Housing Act.

Rosemary hart Partner and housing specialist, Trowers & Hamlins