Deposit Protection Scheme, Legal Advice Please?

I was renting a property, my contract started about 4 years ago, but we renewed it every 12 months.





Each 12 months, I signed a new contract/renewal. I have now left the property and am having problems getting my deposit back.





But have discovered that my deposit is not protected by any protection scheme. I have checked all three schemes.





If i took the landlord to court for this on an N208 form, do i have a case. Even thought the original deposit was handed over 4 years ago, I still had to renew every year, so the last renewal would have been after the introduction of the DPS.





Any advice would be really appreciated.





thank you.





Also, When i put my new address details on the N208 form, will this info get back to the landlord, as I would not want him to know my new details.





Also, apart from the N208 form, do I need to do anything else?





thanks again.Deposit Protection Scheme, Legal Advice Please?
Your arrangement falls outside the deposit protection scheme (the original tenancy commenced too early), so the only option that you have is to sue in the County Court. That involves starting proceedings using the N208 form. And that is copied to the landlord in its entirety, which includes your address as it is necessary for the parties to be able to communicate with each other.





You do have a case. But there is always the question of whether it is worth taking. You need to consider whether the landlord has any assets worth chasing. You will have to pay a fee to the court and, although you get that back if you win, is the landlord going to pay both that and the money already owed? You can't get blood out of a stone - not easily, anyway.





EDIT - The scheme deposit people are not stating the law correctly, in my opinion. Yes, there is a renewal but, effectively, this is a renewal of the same tenancy, which gives an opportunity to review, for example, rent. The deposit scheme is only for NEW tenancies created after the start date (April 2007), including those instances where a brand new tenancy agreement is signed - a position supported by County Court decisions. Your position indicates a simple renewal, rather than the creation of something new.Deposit Protection Scheme, Legal Advice Please?
The deposit protection scheme was not introduced until 6 April 2007 so your landlord was not legally obliged to place your funds into this scheme as you took your tenancy well before that date. If you feel you have a case regarding the non return of your deposit you would have to take the matter to the small claims court, which wouldn't cost you the earth, and if you won your case your landlord would have to return the deposit and pay your expenses.





Having read your additional details I do not agree with the advice you have been given. The landlord does not refund the deposit at the end of every tenancy term and then take it back from you, so the deposit stays where it was when you originall paid it. As it was paid over before the new ruling came into force, the landlord was under no obligation to deposit your monies in the deposit protection scheme.