AIBU to keep the deposit?

[eaudevie]

We rent out our 1bed flat because it is too small for us now as we have 2 children but it's not the right time to try and sell it.

We have a tenant that moved in on a standard 1 yr contract with a break clause at 6 months. After 3 months he said that he wanted to move out at the end of the month. I spoke to the estate agents and they said that he could do this but he would be liable to keep paying rent until the 6 months were up or until we found someone else to move in (and then there was some complicated thing that he had to do to pay them back for commission lost). When this was explained to him, he said that he would move out at the end of this month (tomorrow). But this is still one month short of 6 months. It was explained to him again that he is liable for monies up until the 6 month mark but he is still leaving.

I am entitled to keep the part of his deposit that cover the missed month's rent, but is it reasonable to do so?

When did he tell you he would move out at the end of this month? YWNBU to keep the deposit if he has just told you - how are you supposed to get a tenant in such a short time? But YWBU to sit on the money and not try to get a new tenant in as soon as poss. If he told you two months ago, YABU if you didn't try to get a tenant in.

The deposit scheme should be in a tenancy deposit account and you will have to submit it all to them for them to decide. If you haven't got it in this type of account he could take you for 3 times the deposit.

You should have secured his deposit in an authorized scheme and they should not release it to either the tenant or the landlord if a dispute is ongoing. However I don't think this is to do with unpaid rent I think you may have to chase that up through the small claims court or something. I could be wrong however.

Yes you should keep it if he hasn't reached the end of his tenancy period.

Lonecat is right the deposit should be in the DPS

Just to add the deposit is there to cover damage not unpaid rent etc

It is in a authorized deposit scheme. The estate agents told me that it would cover the missed rent payment? Is that not the case, then?

Also, I put it back on the market for rent when he confirmed exactly when he wanted to move out, which was around 3 weeks ago.

Well, he is legally liable for that months rent. But whether the deposit scheme would allow you to claim money for that, I don't know.

If not, then take him to the small claims court.

YANBU