I asked a neighbour to look after my house while I was away on holiday. I gave them a key for emergencies but otherwise just asked them to collect the mail and keep and eye on the place. When I came back I discovered several items missing. There’s no evidence of anyone having broken in and no one else has the keys. Have they committed any offence?
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Answer by LegalEagle™ staff, Forbes 2871 NSW
- The offence of burglary can be committed even when a person has been given a key or limited permission to enter premises.
- A person will be considered a trespasser if they have been given limited authority to enter a building. The fact they had a key is not a defence to charges of burglary and theft.
- You should check thoroughly to make sure the items are actually missing and have not just been misplaced and you should ask your neighbours about the items. If you are not satisfied with their response you should report the matter to police.