Tenant using Deposit as rent for final month

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    Tenant using Deposit as rent for final month

    I have a tenant coming to the end of a 2 year tenancy (1 Year AST issued originally, and then its been periodic ever since) and he hasn't paid his last months rent which was due on 1st Jan.
    I've approached him about this, and he said that as he paid the deposit I can keep that as the rent for the final month. I have tried, unsuccessfully, to explain that the rent is and should be treated different to the deposit held, but dont want to push it too much as he is being very helpful in showing estate agents and prospective new tenants round (i live about an hour away so it can be quite inconvenient to come down each time someone wants to view the flat)
    I've made regular visits to the property and its been clean and tidy, and I have no reason to think that I'll need to keep some of the deposit back, but its just that anything can happen whereby i'll need to deduct funds from the deposit, and if this were to happen then i'll be out of pocket (unless i get a forwarding address in which case I can take him to the small claims court)

    The deposit is not protected as his tenancy started before the law changed, so its just held in my current account.

    Does anyone have any experience where other tenants have tried this on, and whether or not they have been successful in getting the final months rent in the end?

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