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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
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I am a Scottish Landlord who has a tenant who is breaking their

Customer Question

I am a Scottish Landlord who has a tenant who is breaking their lease to go to another property. I have agreed a date for them to leave early. They asked for a tenant reference, which I neither asked for or supply in case of any other landlord coming to me about previous tenants if they become a problem. They got their new lease without it but simply because I didn't supply this reference. The male tenant has sent me an email from his work emails address threatening to take to social media and stated a list of fabricated information that he will share. I have since Been advised this person has been in the local press and am in fear of my reputation as an upstanding landlord and also any physical repercussions Even though the statement that he will take to social media is the only threat made. Are his company responsible for these emails? There is no company disclaimer on them, only company logo's and how to contact them via various methods including social media. Thanks
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland. His company aren't reponsible for his emails as they don't relate to his employment and are outwith the doctrine of vicarious liability which an employer has for th a things of his employee. However, I presume that that defamatory threats to a third party such as you are not the kind of thing that his employer would want to be utilised by their email service. If I was you I would be forwarding his emails back to his employer with a formal complaint. I would also get a solicitor to write a "cease and desist" letter in connection with this threats.