A letting agent, who left landlords more than £80,000 out of pocket, has been handed a further 34-month sentence for two counts of fraud by abuse of position.
Frank Smart, 46, formerly of Dowding Avenue in Cambridge, was sentenced at Ipswich Crown Court on Friday after he unexpectedly changing his plea to guilty during an administrative hearing on 12 August, with his trial having initially been scheduled for June of next year.
Smart, who was was jailed for 28 months for assault and malicious communications in January of this year, will now see his time in jail extended by almost three years after he admitted scamming his victims out of more than £80,000.
A spokesperson for Suffolk Trading Standards, which brought the prosecution against Smart, said: “Many of these landlords entrusted Smart Residential with their rental properties, and to hold tenancy deposits on their behalf.
“By law, these deposits should have been placed into a Deposit Protection Scheme – offering protection to tenants in the event of a landlord or letting agency facing financial difficulties. We believe that Mr Smart failed to use this scheme, resulting in substantial losses for his victims.
“We spoke to over 30 witnesses, with numerous landlords telling us that they didn’t receive rental income and had to refund tenancy deposits out of their own pocket. This resulted in individual losses ranging from £700 to over £8,000 and an estimated total loss in excess of £80,000.”
Nadeem Holland, representing Suffolk Trading Standards, read victim impact statements from some of the 32 individuals affected by Smart’s dishonesty.
Among the statements, Michael Stott, said: “I requested a meeting with Smart to check that deposits were being held securely, but he didn’t show, and his office was locked up.
“We tried to recoup money through a county court judgement but his creditors had already been paid and there was no money left. We have lost more than £7,000, not to mention the sleepless nights and worrying about how we will manage.”
Philippa Fletcher added: “The loss of rent and need to change the locks resulted in losses of more than £1,000 which we could not recover, and as pensioners, could not afford to cover.
“We found ourselves stressed and anxious about how we would cope in the longer term.”
Sentencing Smart, Judge Gabrielle Posner, commented: “I find this in many ways, a sad case, both for your victims and your own life spiralling out of control.
“It is particularly sad because many of your victims liked and trusted you prior to this. These were mostly not large businesses, but people supplementing their incomes.”
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