Tenant refusing to agree to Deposit Dispute Resolution

[JoJac]

Hello ... i am facing a difficult situation with my tenant who has now vacated my property.. however :

1. At renewal stage, tenant informed us he has cancer. we have an excellent relationship so we both agreed to renew as periodical, for flexibility. We also provided a weekly listening ear and local shopping.
2. His family convinced him to find another flat, nearer. Fair enough. He gave us notice. No problem.
3. 3 days before leave date, the homeless dept asked me to issue a S21. Bit of a shock. He did not leave and i had to let the new tenant down and share their cost of unused removal services as it was too late to cancel services. He ignored our calls and his daughter sent slightly threatening emails which were completely unprovoked. (she is in dad-illness pain, of course). We ignored but discovered then tenant didn't know about them.
4. Important : the Fixed Tenancy Agreement ended during the S21 notice period. The council advised me that he would hence still be under contract under an S21, under the same terms AST. Also, as he had remained in the property, he had automatically entered a periodic agreement because he is still living in the flat.
5. we saw the tenant and advised we would be abroad soon. i made clear that he needed to give me notice to leave in writing/email, as per his contract. He responded in a previously unheard tone (he's under pressure clearly), saying that 'i'm out of contract now, you have no hold on me at all). The relationship sadly became strained.
6. We got back from our trip to find that the tenant has vacated without notice in writing. Empty but clean and we're lucky that he's gone now. Door unlocked, keys inside. Utility & council bills ended 3 weeks earlier so effectively, thrown his latest bills to us. No forwarding address.
7. Via the Deposit Protection Service, i'm disputing that he should have paid 1 month's rent as notice to leave. He responded that the S21 was his notice.
8. Tenant has refused to agree to 'Resolution Services' and chosen to apply for a court order against us.

Your constructive thoughts would be welcome please.

Sincerely, thank you.

Jo

And legal services, if i have to : any recommendations?

Sorry, are you saying he failed to pay his last month’s rent but is expecting deposit back? If so, my former tenant did the same thing and took me to tribunal who found in my favour.

If you served notice he didn't need to serve it back!

If he left before the s21 expired be glad you didn't have to apply to the court to end the tenancy.

Did he leave before or after the date the S21 expired?

If he stayed beyond the end of the S21 notice, the tenancy continued, and he was required to give notice to leave. If that is the situation, he should lose when this gets to court.

Thanks very much for your time in reading my post and for your thoughts. On reflection, i think the court will side with him even though i am now legally advised that yes, he should have given notice ... but that there is wiggle room for the court to preside (of course!).

He's paid his rent for 5 years; and he's left now. And he has cancer.

I'll release his deposit and move on.

Jo.

Very wise. You were never going to win that one.

That does sound like the best outcome.