I recently moved out of a property in Scotland after I was told I’d need an operation. I contacted my landlady direct and informed her I would need to vacate. I had lived there a year and I kept the flat in immaculate condition. I also paid my deposit to her a month before I moved in and I never received any information regarding a deposit protection scheme. I didn’t realise it was mandatory for landlords to register. A couple of weeks before I moved out my landlady contacted me saying as I was 2 weeks short on the 2 months notice they were not going to pay my deposit back. I looked into the legality of this and my partner found the information about the DPS and how the landlady would be liable as she had not protected it. I complied with all the landladys requests and arranged for an inspection on the day I was leaving and driving back to England. Her appointed agent did a thorough inspection and commented on how clean the property was left. I also received documentation from him to ascertain that the property was left as it was when I moved in. After this I again repeated my request for my deposit, only to be told I’d caused damage, there were a few marks on a hall wall from my suitcase, general wear and tear. After a lengthy exchange of emails in which I reminded them of their failure to protect my deposit, I was offered half my deposit, after a few more angry insulting emails, I was told I would receive my full deposit, which I have now received. My question is am I still able to bring a Summary Application and sue my landlady for failing to protect my deposit even though she eventually paid the deposit back to me? The reason I am asking is that I feel I was treated very unfairly.
I would really appreciate any advice,