Currently am in dispute with previous landlord over withholding the entire deposit for minor repairs. Have requested details of the deposit protection scheme he used so we can get some mediation to help. No reply. I have a feeling he didn't use one (I was unaware this was a legal requirement when I undertook the tenancy, so have only just now brought it up). What do I do if the deposit wasn't protected?
You can look it up yourself - there are 3 schemes and you can search them online for a record of our deposit. You should have been given the info from the landlord and the scheme itself should have triggered an email to you at the start, but let's not assume the worst.
If it's not been protected and you are a tenant not a lodger or other resident, you can take it to small claims court ale here if found unprotected you are entitled to a payment from the landlord of up to three times your original deposit.
You don't just get the money though, you'll have to follow the claims process.
Still, an expensive lesson for the landlord to learn!
Suggest some googling to check your deposit wasn't protected, then some reading up on how to claim, then an LBA to your landlord (by post with certificate of postage).
I would send him a link to something which shows what he end up having to pay and suggest he reconsider withholding any of your deposit as he has broken the law. Have you had annual gas safety checks carried out (if there is gas in the property)? If not, that's a criminal offence he's committed. Sounds like he's incompetent if he's not protected your deposit and admitted it in writing.
He has left things open for negotiation at this point, but so far his communications have been quite angry in tone and have allusions and slights against my character which are unnecessary! I am keeping things civil on my side. I'd rather not take him to the cleaners - just get my deposit back. But of course the law is on my side, so it's really up to his response now.