Thanks everyone - apologies, I was in transit, but it’s great to know the community is here to help.
The tenant was at the prop for 8 years and in the past, eventually, after prompting, always paid. I waived aprx £1300 during covid time and the rent ended up around 60% of market value. The house was in bad condition (but certainly habitable) and I decided to do a big renovation. I allowed him to stay without paying during the renovation (April to August 23), because he said it would be better for his kid’s mental health. At that time I realised that he is so unhygienic and lacking of any care to the house (I have evidence from all the trades persons that came + pics and videos) I need him out.
I didn’t set the original contract/deposit (it was my ex and managed for my mum as an overseas landlord until July 2020 when she gifted it to me), and it wasn’t clear if one was even taken - by neither myself OR the tenant. Eventually, when I asked him to leave, and he refused, turning to legal, I went back to check all due diligence etc. I don’t justify not knowing etc, just telling it as it is. Everything was set before giving section 21 for October 23, and I carefully went through all the payments. I ‘returned’ the ‘deposit’ of £550 and saw there are £400 unpaid from before covid. I alerted him. By this stage he, for whatever reason, felt as a victim of an unjust landlord and stopped replying… his parents ended up buying him a house, and he moved at the end of September. I am in the process of finding out the address.
When he moved out, the new kitchen was damaged and a complete redecoration needed. An additional £1200 - again, I have videos and pictures from before and after and can get statements from my builder. To replace the damaged kitchen is another £1500, but this will only be done if I get him to pay. I can’t afford to do it without.
I was very lucky. I know. He could have refused to leave, ruining the house completely. Receiving benefits, it might have taken years to get him out. There is a new tenant now, through Open Rent, all due diligence done. I learnt my lesson. There won’t be too little, but also no extras. Unfortunately, he taught me that kindness is not always reciprocated and needs to be used wisely.
I think, I hope, that even if he will claim that a deposit was paid and that I was wrong not to use a deposit scheme - I understand that by ‘returning’ it I am admitting it might have been taken - the judge will look at the whole story, and not end up saying I need to pay him, or at least balance it with the aprx £3500 I waived during his tenancy period.
I hope it also explains why I feel I need to pursue it (besides the rise of cost of living and the increasing need of this money).
Again, thanks for the replies so far, and any additional information will be great.
