Hi - I have a question about eligibility. If I only signed an undated memorandum to extend an AST (which had the names of 2 other people but not mine on it), is my deposit protected by TDS? The letting agent did submit the deposit to the scheme but TDS now says it is unenforcable because of the above - did the agent breach the rules?

Thanks for the quick reply. I was thinking the same, but I am not a lawyer and I don't know how strong that argument is. ... could any more people offer thoughts? Agent gave me a certificate of tenancy registration and when I called TDS initially they did say my deposit was registered. However I can argue that since they failed to provide the necessary documentations for the deposit to be protectable (to have my name on the lease) they did not in reality enable it to be protected. I am still looking out for free/ affordable legal advice in London, hopefully more people can respond here. To be honest it's just 300 pounds or so they owe me and it may not be worth the stress and money to go to court - but I am really angry with the agent's attitude towards and treatment of me and it's more a principle thing than the money!

Hello all experts, I'm new here and hope someone can point me in the right direction because I am quite desperate for help ;( I am in a very confusing situation: I am struggling to get my deposit back but my letting agent never gave me a contract to sign in the first place, thereby blocking me from protection by TDS. I looked through some threads and haven't seen anyone in a similar predicament. My letting agent is withholding about 360 quid of my deposit for dipilation costs. I disagree with the charges because I didn't cause any of those 'damages', and took it to TDS, which my deposit registered with. They rejected the case saying my name isn't on the Tenancy Agreement and I can't submit a claim. I moved in in 2008, replacing 1 tenant who moved out. She was in a joint tenancy (AST) that started in 2007. (i.e. one tenant lived there 2007-2008; I lived there 2008-2010; my flatmate lived there 2007-2010). It seems the problem is that instead of starting a new AST when I moved in, the agent only gave me a 2-paragraph Memorandum to Extend the TA to sign. They say that this is 'normal practice' because I only took on the joint tenancy with the other tenants. Can the agent 'extend' the AST like this even though there was a change in tenants? TDS seems to think no, and told me this is their failure. So I didn't get an inventory checkin or have my name on the AST when I moved in. I didn't realize how problematic this is until now, when I am the person being charged for dipilations. The flatmate who co-signed the AST in 2007 left early in March 2010 and I paid her her share of the deposit. I also paid the other tenant when she moved out in 2008. What's bugging me now is that the agent holds my money not the other tenants', even if bizarrely I do not seem to have a legal role! Can anyone advise me on where I stand legally? My flatmate is sympathetic and offered to repay some of her deposit to me if we can't win the fight with the agent. Can the other tenant be held responsible for the charges, seeing that she left years ago? I don't know if she ever formally terminated her tenancy; the brief document I signed said I was jointly and severally liable with her. It is a chaotic situation and I don't even know how to start the process of claiming justice - going to the small claims court? Thank you for reading - I'd be more than happy to give more details.