Previous LL failed to protect deposit

BadBehaviour

We rented privately and directly from a couple from Feb 2012 till Aug 2018.  
They were renewing our AST every 6 months. They drafted the tenancy agreement themselves and they never once during those years and various renewals protected our deposit into a scheme, let alone give us the other info that's now compulsory. 

They were holding the money themselves, which I think they most likely gained interest from... I don't know but I have proof of whatever I'm saying that they were holding the money themselves etc. They arbitrarily made deductions at the end of the tenancy (because they decided to sell and if we had known back then that they should have protected our deposit, we could have challenged their section 21 notice to leave as invalid because of their failure with protecting the deposit).

I was looking it up and thought by now it would be too late to do anything about a claim after all these years. Unfortunately at the time we didn't know the deposit had to be protected etc.

Apparently you can still claim until 6 years after the breach. I don't think it's been 6 years yet from the end of the last tenancy term with them. The last term ran from 2nd of Feb 2018 for 6 months. 

My question is when is the breach calculated from exactly? Do you think we could realistically do a claim still or are we out of luck? If we could still do it, I saw there is a form to fill in, but I don't know their new address. I still have their phone number and email address but have no idea what their new address is. They moved away after selling their own house and our property they were renting. 

I understand if the question sounds ridiculous and I am pretty sure nothing can be done now and we should have acted a long time ago (so angry that we discovered all that after they got rid of us etc), but they did stuff that we put up with those last 6 months of tenancy only because we  needed their good reference, so didn't wanna cause arguments and also they took money from our deposit arbitrarily so I wouldn't feel bad honestly if we could get back some money from those people. I doubt we can but doesn't hurt to ask. 

Bookworm105

winning in the small claims court is one thing
but actually getting money from them after is a separate exercise

I am not suggesting do not do it, but don't think it will be plain sailing when you don't YET know their address so cannot serve a letter before action and the subsequent court papers on them.

Solve that first - pay a tracing agent? Do your own tracking?
  

assuming England law, the "breach" (and thus the start of the 6 year statute of limitation) commences 30 days after they received the deposit. Do you have proof of the date you paid it over to them?
Shelter Legal England - Tenancy deposit protection time limits for compliance - Shelter England

as you can see from this however, there is a grey area that the clock started when the tenancy ended, not the payment date... but even so 2018 + 6 years means you are now beyond statute of limitation so unlikely a court would allow the case. 
Shelter Legal England - Sanctions on landlords for non-compliance with deposit protection rules - Shelter England

QrizB

BadBehaviour said:

Apparently you can still claim until 6 years after the breach. I don't think it's been 6 years yet from the end of the last tenancy term with them. The last term ran from 2nd of Feb 2018 for 6 months.

Feb 2018 + 6 months = Aug 2018. Is that when you moved out?

Aug 2018 + 6 years = Aug 2024.

It's now 2025, so (no matter when the clock starts) I think you're out of time?

lincroft1710

I would agree with @QrizB that you're well out of time to pursue this

Mr.Generous

That's a long time to be bitter about it, how much was the deposit and how much stopped?

theartfullodger

Did they ever give you an address in England or Wales (not their old home)?

If not you never had to pay rent... (But would do including arrears when they supplied such an address...)

Always worth going after people who own property - if not paid then a charge can be put against the property.  But you don't know of one...

njkmr

Move on, it does not sound like it's worth wasting effort pursuing.