> My mother was living in a council owned warden controlled property in
> December last year.
>
> I received a call from the warden saying that my mother had pulled the
> alarm cord and that they were unable to get a response from her over the
> intercom. They asked me to check in on her.
> When I arrived, I could get no response from her, and was unable to use my
> key to unlock the door (she had left her own key in the lock on the
> inside). I had to force an entry by breaking a glass pane in the double
> glazed door. I found my mother incapacitated. She was taken to hospital.
> One month later, sadly she died.
>
> 5 months later, the council has submitted a demand for payment of £190
> against her estate.
>
> 1. As my mother was not personally responsible for causing the damage, are
> they correct in issuing the demand against her / her estate.
>
> 2. Should they have issued the demand to the person who caused the damage.
> i.e. me.
>
> 3. As I had no choice but to force entry, should I be held liable for the
> damage.
The estate has no liability for the damage. Are you the executor? If so
write a polite letter to them explaining the circumstances and decline
liability by the estate.
The question as to your liability is tricky. Consider if you had not been
there and the Police broke in would the Police be considered reposnible for
the damage? I think not. You might want to ask the CAB for help on this one.
Peter Crosland
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