witholding bond! please help

[binkhus]

hi
my brother moved out of his flat a couple of weeks ago and the landlord said he would sort out his bond and post a cheque to his new address.
he then said that his accountant had discovered they owed him some more rent so he was taking it from the bond. i rang him up and asked him to send me a copy of the rent statment with dates for missing funds as my brother is adament he didnt miss any, he did get behind at one point but caught up.
the statment he sent was handwritten with allsorts of red highlighting so i added up the weeks he lived there 79 weeks at 75 pounds and the total ammounts the landlord wrote down he recieved and it looks like the landlord has added up wrong because the statment he sent me says he owes my brother £300! now i told my brother to get his bank statments showing rent going out but im a bit unclear as what i should write in the letter. any advise would be great thanx

[hells_bells110]

I would write politely that you believe he has made a mistake and in actual fact your brother has over paid. Ask him to return the deposit (and the £300 owed) You can send what is called a letter before action, but first I would just ask the question and see if he pays up, if you haven't had a response in about 14 days then send a letter before action, which states you want him to send you the money he owes within 14 days, otherwise you will pursue him for the deposit and overpaid rent through the small claims court.

Write the letter as if it is from your brother tho, not you.

Bank statements or proof that the payments went on specific dates will prove that your brother paid etc and did not owe any money so if it did go to court I would think it would go int your brothers favour.

Best of luck