Should I send a letter of action to my landlord after he didn't protect my deposit?

Engiyo

My tenancy began 1st Sept 2019. My landlord has informed me they will not be protecting my deposit soon after my tenancy started, as apparently it costs but truthfully they probably want to use the money.

I do not believe I am going to get this money back should I not take action. The amount also was over 5 weeks' rent.

Should I sent a letter before action (saying I may pursue court proceedings) if they do not return the amount over 5 weeks' rent and do not protect my deposit moving forward? I am okay if they protect it now or in the last 3 months, but not okay if they do not protect it at all before tenancy end date.

My other option is to not pay last two months' rent. I pay 3 months in advance so I'd have to only pay for 1 month that time. Is three months enough time to evict me? Should I just assume they going to take my stuff and put it outside? They haven't been threatening but I am scared of landlords due to past experience. Is it even safe to send a letter like this or not pay 2 months' rent without risking they will put my stuff outside?

What's my best bet?

theartfullodger

No: Well, follow Shelter, the experts, guidance including letters - here...
https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims


- but you've 6 years to do this and as s21 eviction notice would be invalid arguable you are better off leaving it.



Does landlord live in the same building? If so,usually deposit protection doesn't apply.

Engiyo

The contract says that they are under this address, however, they do not live here...? Like, they are physically not here.

princeofpounds

Artfullodger is just checking if you actually have an AST rental agreement where deposit protection applies, and that you aren’t simply a lodger (I.e. living with the landlord).

So when your tenancy agreement says they are ‘under this address’, please be precise and elaborate further.

Engiyo

The address of my landlord says the address of the house I live in on the first page of my contract. I am renting a room only, out of 4 rooms that they are renting out in this property. None of the people living here are the landlord, physically. I have received a text message which specifies that they do not live here as well as part of the text message and that they have been renting the place for 5 years.

I have confirmed that this is an AST agreement with my landlord via text message, although it isn't the full blow contract type. Its quite short as its just a few sides of A4.