If he's in Wales he also has to register as a landlord. There may be something similar in England if you are there.
Deposit scheme or no scheme, the principles are the same - whether he was entitled to deduct. The sole difference/advantage of a rent deposit scheme is the ready made cheap dispute process.
So now you don't have that available to you. The only option is to sue him for the return of the money.
You can issue this online at the central money online claim service. The fee is relative to the value of your claim. I think it'll be £25-35.
The paperwork is relatively simple.
Word the Particulars of Claim something like this
On x date the Claimant entered into a tenancy agreement with the Defendant in respect of [insert address{ "the Property".
Pursuant to clause x of the tenancy agreement the Claimant paid a deposit of £1,000 to the Defendant ("the Deposit").
The Deposit was to be held throughout the tenancy and was to be used to repair any damage or replace any lost or damaged goods at its conclusion, save for wear wear and tear [look up wording of clause, this may need to be changed. Eg did it say deposit to be held in a scheme?]
On x date the tenancy ended and the Claimant moved out of the Property.
[say here if anyone did a closing inspection and how the only damage noted was a crack to one tile above the sink on the bathroom]
On x date the Defendant returned £200 to the Claimsnt and told her that he had deducted £800 for the broken tile.
The Defendant should have retained the Deposit in an approved rent deposit scheme, but failed to do so. The Defendant has therefore denied the Claimant the protection of that scheme, including an inexpensive dispute resolution process in respect of the withheld part of the Deposit.
The Claimant denies that the damaged tile will cost £800 to repair and/or replace and seeks the return of the £800 retained, less an appropriate and fair deduction to reflect the true cost of the replacement/repair of the damaged tile.
THE CLAIMANT CLAIMS
- The return of £800 (less an appropriate deduction, as determined);
- Costs
- Interest at £x and continuing at £x per day.
Then you have to put I think a statement of truth and sign it.
Bottom right of the form you need to confirm the figures.
Then submit online.
Interest is calculated at 8% pa at a daily rate. So calculate the daily rate then x the number of days since you should have had your money and then continuing at the daily rate of x.
You'll need to look up the time limits that L/L needs to comply with to acknowledge the claim and to defend it.
https://forums.moneysavingexpert.com/search.php?searchid=178173565
I know that it's a different problem, but in the newbies thread here there is an idiots guide to what a Defendant needs to do. The point is that is L/L doesn't file his defence on time you can ask the court for default judgment.
There's no real risk to you in this. In small claims there are no costs unless one party has behaved really unreasonably in the litigation.
The process:
You issue
L/L defends
If L/L doesn't you apply for judgment in default
Court sends out a Directions Questionnaire for each party to fill in.
Court sends all the papers to the L/L's local court
Local court issues order with final hearing date and dates for things like witness statements. Think about who might back you up that there was no other damage.
Final hearing. Both of you go and argue your case. Small claims court is quite informal.
You can do this!!!