Deposit protection issues

Welly2125

I was wondering if anyone had any advice. We have recently moved out of our rented accommodation into our own home. 

The landlord has mentioned returning the deposit, but despite chasing this three times it has yet to materialise. During this time, we have come to realise that we never received any confirmation that the deposit was protected. 

I have now checked all 3 deposit protection services and it is not showing on any of them.
Our rental agreement shows that it would be protected, and the tenancy has a start date of June 2020.

I understand we can utilise court action but would prefer not to if we didn’t have to, though we would go down this route if needed.

Any advice would be much appreciated!

theartfullodger

Shelter website has excellent advice on both the return of deposit and suing for his stupid failure to protect deposit properly.

(He wasn't living in the same building?)

Welly2125

Thanks for the reply, I’ll have a look at that. No this was a 3 bed house, he lived round the corner. Elderly/older landlord, house was originally his family members who then passed away of old age. Was rented as a way to pay nursing home fees. Have a feeling he was an accidental landlord as didn’t know what he was doing, also had no inspections in the four years we were there, no safety tests, no gas safe tests, absolutely nothing. Nice guy deep down so we’re hesitant to go the legal route but will do if needs be as we need the funds to do up the house we’ve just bought.  

RAS

You might start by asking him for copies of all the certificates that he has failed to provide? 

And later asking him for details of the deposit scheme. Perhaps with a link to the relevant legislation?

If he doesn't wake up promptly, then send a letter before action regarding the deposit he's not returned with a suggestion he seeks legal advice.

If his advisor has half a wit, he'll return the deposit in full and sort out the next tenant. If not follow up with a letter before action claiming the penalty deposits. 

ThisIsWeird

Welly2125 said:

Thanks for the reply, I’ll have a look at that. No this was a 3 bed house, he lived round the corner. Elderly/older landlord, house was originally his family members who then passed away of old age. Was rented as a way to pay nursing home fees. Have a feeling he was an accidental landlord as didn’t know what he was doing, also had no inspections in the four years we were there, no safety tests, no gas safe tests, absolutely nothing. Nice guy deep down so we’re hesitant to go the legal route but will do if needs be as we need the funds to do up the house we’ve just bought.  

Very thoughtful and considerate of you, Welly.
He could be in a lot of costly trouble over this, but that's largely in your hands - you seem willing to give him a get-out, provided he is willing to learn.*
If you were happy in this house, presumably enjoyed a lower-than-average rental rate for the area?, and otherwise had no major issues - so all you want is your deposit back - then hopefully he'll respond to the facts of his situation being presented to him. 
How do you communicate with him? Is he 'capable' of running a rental property?! Is anyone helping him?
Anyhoo, check out the Shelter website as advised above, and list the most obvious of his breaches of his LL duties, along with the potential consequences. Then tell him (a) he needs to return your deposit in full by the Xth, and (b) he needs to sort out his LL duties before he considers re-renting, or he should, instead, consider selling.
Are you able to visit him to do this and emphasise the consequences? If so, have it witnessed, and record you handing over the letter (if you have any doubts, even consider covertly recording the conversation. Eg, if he says his son or someone will be there who 'sorts the rental for me', and it becomes clear that this other person knows exactly what they are doing, and does not care...). Failing that, recorded delivery.
Good luck. Please keep us posted.

* Some of the issues - lack of safety certs, for example, are pretty darned significant, and could obviously have serious consequences, so if you judge that neither he, nor anyone else, is actually not going to change their ways, then you may have no moral choice but to report this to the LA. Bottom line - if he cannot cope, he has the option of selling.

Welly2125

Thanks for the comments so far. We spoke to him on the last day we were there to hand him the keys back, he said then that he was going to be selling the property, most likely to the next door neighbour who has had their eye on it for quite some time. 

We enjoyed quite significantly reduced rent over the time we were there, in the region of about 300-500 less than it was worth PCM, with no increases plus he let us do whatever we wanted including putting pictures up etc. 

We have moved away from the area so would be sending all communication via email or post, currently via email but will send any formal letters by post. The estate agent have said to us that it’s nothing to do with them as he manages it all, no one else involved. 

FlorayG

He's probably spent it that's why he hasn't returned it
I think you need to write to him quoting the relevant legislation AND the possible consequences of not complying. Make sure to send it signed for as accepted and give him X days to repay. See what happens then
You may end up having to go to court and wait for your (extensive) payout until the house has been sold

ThisIsWeird

Welly2125 said:

Thanks for the comments so far. We spoke to him on the last day we were there to hand him the keys back, he said then that he was going to be selling the property, most likely to the next door neighbour who has had their eye on it for quite some time. 

We enjoyed quite significantly reduced rent over the time we were there, in the region of about 300-500 less than it was worth PCM, with no increases plus he let us do whatever we wanted including putting pictures up etc. 

We have moved away from the area so would be sending all communication via email or post, currently via email but will send any formal letters by post. The estate agent have said to us that it’s nothing to do with them as he manages it all, no one else involved. 

You are being more than fair, ready to give him a chance, and that is to be applauded.
Yes, you clearly benefitted throughout the tenancy, but so did he - you were no trouble to him, and he had a steady income coming in, barely without being involved, and thankfully with no issues arising. Since nothing serious occurred during your tenancy that would have highlighted his laxity, you both got away with it! Phew.
All you now want is what's rightfully yours - the deposit. If he is foolish enough to ignore or refuse this, then - frankly - he needs to be sobered up about his responsibilities, so I'd be prepared to take action.
Get proper guidance from Shelter about the situation, and the sorts of costs and penalties he is opening himself up to. Make reference to the regs that govern this. Then add that you require your deposit to be returned in full, or else you'll have no option but to pursue this to its full extent as outlined above. Give him a fixed date, say two weeks.
I'm sure Shelter has template letters for such action? Or CAB will be able to guide you.
I don't know how much the deposit was, but it couldn't have been that much? He must surely have this sum available. If he replies saying he'll get it to you once he sells, then that would be a big risk, so I fear you may need to begin action - I bet it'll turn up immediately then.
In what form was the deposit handed over? Did you get a receipt? And who did you hand it over to? 
Who is this EA you are referring to? What was their input to all this - just finding tenants? Or more?