UK Landlord Forum / Life

Hello. Was hoping for some advice. I lived in a flat with a private landlord for over 3 years. When I moved out I cleaned up the property and returned it in an acceptable manner. I've rented many times so know what is expected. Landlord came to get keys etc, claimed there was extensive "damage" and wanted property back in brand new condition. Any wear and tear they say is damage, small scuffs on the walls, not much. I've photos to back up what they state is damage.
Anyway they never protected my deposit so they are claiming for damage and I'm counter claiming for not protecting my deposit. My question is can I claim 1-3 times the deposit amount for the entire full 3+ years I was there or each year the lease was renewed? I'm getting mixed info. Deposit was £545, if I claim for 3 times that amount it would be. £1,635 or can I claim 3 times that amount for each year the deposit was not protected? £4,905 + original deposit. Hope this is clear. I know there are court fees but this guy has made crazy demands so I'll do the same.
They are claiming £4,500 in damage which is crazy if you were to see the photos. Some examples here.

There's not much for a Landlord to go on here, I think... a Deposit was taken, but not protected, and the way of resolving Deposit disputes is via the Scheme's ADR process - which has a very clear idea of what fair wear-and-tear is, and what is damage... plus what is depreciation as well. If the Deposit wasn't protected that removes your ability to use the ADR process to have an objective third party rule one way or another. Of course, a Court route can always be taken but if it starts out on shaky ground I doubt it will get very far.

Was there a comprehensive Inventory and Schedule of Condition agreed between both the Landlord and you? If so, that is all the evidence you should need to demonstrate wear-and-tear (or not). If not, then the landlord is on even more shaky ground... as you can theoretically say (to literally anything) "it was like that when I moved-in" as the onus of proof is on the Landlord, not you, and if it cannot be proved then it cannot be claimed for.

I would probably issue your own completely separate claim for the Deposit Protection, or lack of... rather than a counter-claim. Yes, you can claim for each tenancy, but not if it moved from a fixed term to SPT (month-by-month, rolling). I would separate out what you are doing into a completely distinct thing and then just be aware that both things are ongoing. If things are as you say then, hopefully, the claim against you will be dismissed and the claim against the Landlord will be an open-and-shut case where you are successful.

However, I note this part of your text - "I lived in a flat with a private landlord for over 3 years." - and I have presumed you weren't actually with the Landlord, i.e. a Lodger, that it is just terminology you've used.

It was a private landlord as opposed to public housing.
Deposit was never protected, I've checked all 3 schemes.
Will claim for 4 terms as lived there for 3 1/2 years so 4 Tenancy agreements were given to me.
There was an inventory but not very detailed. The photos they'll use will be from when property was brand new in 2013. They used the same photo when they sold it in 2018.
Property is now sold, just after I left as far as I know, they are still claiming they own in with another tenant inside. I've proof it was sold with a local estate agents.
Thought I got along well with the landlord or mostly his dad which was who I mostly dealt with, he became very aggressive when I left and could have turned violent.
Was meant to be heard by the court the other week but it turns out they lost all of the documents sent online so we have to start again, been nearly a year already.
Landlord said deposit didn't need protecting because the flat was "sublet"! Tenancy Agreement says nothing about that.
My main question is to verify I can make a claim for the 4 terms as the deposit wasn't protected each time the agreement was issued?
Thanks for any advice.

I've answered your main question already.