Dodgy landlord- legal advice needed

[miniminere]

Name change for this.

The background: I ended my tenancy about 6 weeks ago and my landlord has not returned my deposit despite my asking for it. The landlord also wants to make really unfair deductions, e.g. for work that I did when I moved out (and I have proof that I did it) and for work that my tenancy agreement specifically stated I should not attempt. My partner and I each spent 4 or 5 full working days cleaning the house and working on the garden after moving out. I have evidence to fight any unfair deductions if necessary but ... it is making me feel physically ill. I am not sleeping. My heart pounds every time I receive an email from the landlord, to the extent that today I was googling heart attack symptoms.

Here is my legal question: my deposit was paid into a DPS scheme, but the landlord 'accidentally' used an incorrect email address for me and I can't get into my account. I have been having a long back-and-forth with the DPS about this. Possibly some progress is being made and I will be in a position to make a dispute before the 90 day window for doing that is over ... but I'm wondering whether, regardless of whether I eventually manage to access my account, I have grounds to sue my landlord (if necessary) for not protecting my deposit. I have sought advice from Justice for Tenants, who have been great, and they have told me that if a mistake is made that prevents the tenant from raising a dispute, it is likely to be treated as if the deposit was not protected at all (apparently there is a growing trend of unscrupulous landlords making this sort of 'mistake'). But does this mean that, technically, my landlord failed to protect my deposit during my tenancy?

Honestly, I wish now that I had not even tried to get access to the DPS account and had waited for the dispute window to elapse before telling my landlord that I want the full amount back or it's court.
I am really just looking for some peace of mind here, as I face yet another night of lying awake feeling anxious about this. I don't particularly want to take my landlord to court. But I would quite like to be avoid having to argue the toss, and to be able to say to the landlord: there is no discussion, you have broken the law, you need to repay me my full deposit right now.

I rang them with my address and they gave me a new log in.

Then I requested the deposit back, was returned within 10days

They won't give me access because I was unable to say which address appears on the account (it's not either of my email addresses). This battle is still ongoing.

My real question is whether the landlord can be considered to have broken the law and so whether I could potentially threaten court action.

Have a look at landlordzone online. It has a very helpful forum

Thank you flamingjune - I have posted there, although who knows what they will make of it given that I'm a tenant rather than a landlord!

Did they give you the guide 'how to rent' that should tell you about the deposit scheme and how to make a claim. If not, you might have a stronger case.

If they did, I am not sure it is the landlord's responsibility to give them your email address. Even if they do, you might also have a responsibility to check with them that you had they have the correct one.

Did they give you the guide 'how to rent' that should tell you about the deposit scheme and how to make a claim

No, the landlord did not provide this. In addition, I rented the house for almost 5 years (with a new 12 month AST each year) and for the first few years this was via a letting agent, who originally held the deposit with a different company. When I switched to dealing directly with the landlady, she asked to move the deposit to DPS and I said fine. That was the last I heard of it until I looked it up after I left and realised there was an account I should be able to log into. Previously I had no idea that that's how it works.

I meant ring the deposit company and give the your home address. They should be able to set up a new account for you.

Tell them you think your landlord has registered the wrong email address so he can default on paying you back the deposit