Malaga housing scam: man jailed for swindling six people out of thousands in rental deposits

According to the defendant, he acted "with the intention of unlawfully increasing his wealth". He would hand his victims contracts and keys that opened none of the properties he was renting out.

One woman paid 1,300 euros for a property in Marbella, which she was unable to enter because access was by card. Another tenant turned up at a flat for which she had paid 900 euros and was also unable to gain entry, because British expats were already living there.

The fraud dates back to 2019, when the man started publishing ads on Milanuncios for people looking for accommodation in Malaga province.

The contact number was his own and, once he had found interested parties, he would agree the terms, receive payments by way of a booking fee, deposit or rent and, in some cases, even sign a contract.

The scam was convincing enough that some transactions were handled by real estate agents.

One of the victims contacted him on 26 February. The flat was in Marbella and the rent was set at 600 euros, with another 600 euros as a deposit. She transferred 300 euros the following day and 450 euros on 5 March.

The woman was due to move in on 1 April. She was never able to gain access to the flat, nor did she get back the 750 euros she had paid in advance. She tried to track down the landlord, but by then he had already vanished.

In another case, the advert even ended up being passed on to an estate agent. In this instance, a woman was looking for a flat and became interested in one that was also listed on Milanuncios for 900 euros a month.

She first paid 100 euros to reserve it. She handed over the remainder of the deposit, 800 euros, in person on 22 April during a meeting at the Plaza Mayor shopping centre in Malaga.

They signed the contract and the defendant gave her two sets of keys. To her surprise, when she went to open the door of her rented flat, she found that other people were already living there. After that, there was no way to contact him or get her money back.

A month later, the operation targeted two estate agents. One of them found a flat in Marbella on Milanuncios for 1,200 euros and contacted the advertiser, who claimed to be the owner.

Another intermediary represented a foreign client. The woman made three payments of 300, 900 and 480 euros and on 21 May her representatives met with the defendant in La Cañada. They received the keys and went to the property. The keys didn't work.

They made "numerous attempts" to track him down and recover the 1,680 euros, all unsuccessful.

In July, another property appeared on Idealista. A prospective tenant transferred 360 euros to reserve it and 840 as a deposit. This time, he didn't even get to see the keys. The defendant began giving him "evasive answers" and eventually stopped answering his calls. He lost 1,200 euros. Another victim transferred 750 euros for a rental and was also unable to move into the property or get her money back.

The six cases went to trial on 8 April before the Malaga provincial court. The defendant and his solicitor accepted the charges, and the trial concluded with a plea agreement.

The sentence orders three years' imprisonment, a fine payable in instalments of ten euros per day over seven months and disqualification from standing for election for the duration of the sentence.

In addition to the penalties, the defendant must pay back the victims. The court has set compensation payments of 1,300, 750, 900, 1,680, 1,200 and 750 euros for the six victims, totalling 6,580 euros.

The ruling is final, as both the prosecution and the defence have decided not to appeal it.

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