Have been scammed by "landlord?"

G_M

apronedsamurai wrote: »

No, I am their sub-tenant. I have exclusive occupancy of my bedroom.

Again I'm guessing but I assume you share part of the acomodation with your landlord? The bathroom? The kitchen? Perhaps the sitting room?

Armorica

So it's not you that requires the content of the owner, it's just that the landlord needs to have permitted the tenant to then in turn sub-let to you.

Sub-letting in itself is not fraud. But it may be breach of Brian's contract with his landlord. Ask Brian to see a copy of his tenancy agreement (with the landlord/letting agency).

Or just give up with him if you think he's breaching his contract. (It's actually possible that he would be kicked out for breaching his contract).

An alternative is that the letting agent (might) be happy to deal with you directly - which would be a sounder legal footing. But that's unlikely - others may be able to advise better here what they would do if they were the landlord.

Did you pay a deposit or just rent? If the former, that's more of a problem than the latter. There isn't really fraud in you having paid rent. But the chances of getting a deposit returned seem rather lower given the arrangements...

apronedsamurai

Fraud in Scotland:

"Acquisition of personal gain by deception".

Brian did not disclose he was not the landlord, and was happy to maintain that facade whilst claiming money. IMHO he has defrauded either myself or his landlord, because he has kept quiet about this arrangement and obviously has not advised the head landlord/letting agent that he has indeed taken on a sub-tenant/renting out the property.

I know sub-letting by itself is not fraud, but he did not even tell me that he was sub-letting at all, and maintained in every concievable way that HE was the landlord full and proper. But the fact he has not told the landlord, is getting money using their property, THAT imo definitely is fraud. I also imagine that he has not informed the relevant parties namely the Council Tax office or taxman etc.



And yes, I have paid a deposit, and he gave me a print out of the account in which it was paid to (I paid both the rent and deposit via bank transfer and have kept the tenancy agreement he gave me).

And again, that imo strengthens the mistaken belief (or sinister silence to use the legal terminology) that was manifestly perpetrated by Brian. He KNEW he did not have permission/was reckless in doing so when he rented the property and so that goes beyond mere error there, that goes to a delibrate course of action designed to gain a personal benefit/advantage/profit utilising deception. Deception can be through omission as well as admission.

Pixie5740

Brian is your landlord though and you are his common law tenant.

https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/resident_landlords

G_M

so you waited till post 14 to tell us this comes under Scottish law.......


:mad: