cut along story short like most off the threads that i have read about the DPS and landlords issues have got my head spinning,. my story is that back in 2011 i rented a house from the local letting agent at that time i was in a good job and the rent was not a problem .. but in 2012 i lost my job due to company/corporate restructuring. and found my self out of work at this point i spent my time trying to find new employment but things are now not so Rosie on the job find lark..but i manage to stay on top of things till the money run out. then i headed to the local unemployment office and as most of you would of come across a lot of help comes from there in turn i fell behind on the rent and after the 10 week my land lord issued me with the section 21b followed by the s8 as all this was happening i got advise and started to look in to getting thing right manage to get the rent below the 8 weeks.. but at this stage i decide to get out of this house and find a cheaper place to rent... and at this stage i started to read about the DPS system ... and found out that i never got issued with nothing more then a letter from the letting agent tell me that my deposit was going to be with DPS and the letter covered the basic information on the DPS .. this then prompt me to contract the DPS which i they told me that there have not got me on there system... i had then confirm this with a email . i then contracted my landlord to ask where my deposit was ???? and with in three day i had a call from the letting agent tell me that there have cancelled the s8 ... and i then was told that the landlord had put my deposit of £1000.00 with DPS ... Now here the question ???? landlord has told me that i can use the deposit to pay off the arrears and i can move out .. without any issues over the house ... CAN i still take him to small claims court over the deposit if i leave and use the deposit to pay off the arrears.. facts that he never deposit the deposit with the DPS for over 23 months. he issued the section 21b an the s8 illegally because he never deposited my deposit money...