If you rented an apartment in the past five years and you were charged agency fees, usually about a month’s rent plus taxes, this might not have been legal. If so, you might be able to claim this money back.

Because there is a conflict of interest between the landlord and the tenant, letting agencies are not allowed to represent both parties at the same time. They can only represent either the landlord or the tenant. This has been determined by several judges, as well as by the Dutch consumer authority ACM (Autoriteit Consument en Markt). The agency is only allowed to charge the party they are allowed to represent. If that is the landlord, then the agency cannot charge the tenant, and the tenant does not have to pay the agency. If the tenant has already paid, she or he can claim a refund.

So legally, who does your agency represent: the landlord or the tenant? Usually the first one to contact the agency about the apartment is considered to be the client. If the agency advertised the apartment-to-rent on a website then the landlord was clearly the first to contact the agency (according to the ACM consumer authority as well as several court verdicts). This means the agency is representing the landlord and the tenant should not be charged an agency fee.

If you were charged an agency fee as a tenant, you might be able to claim a refund.

What to do if You Were Illegally Charged an Agency Fee

The maximum term for reclaiming unjust agency fees is five years. If you live in Amsterdam, please contact the !WOON tenant support agency or the Meldpunt to see if you are entitled to a refund, and if so, help you get it. Some cities have huurteams who might be able to assist. You can also contact the nearest Juridisch Loket legal support agency, or a lawyer (for example if you have legal insurance). You can search online for companies or lawyers specializing in reclaiming agency fees. They tend to work on a “no cure, no pay” basis. If you win, a pre-determined percentage is deducted from the refunded sum. Below is a list of some of these agencies. 

You can also start by doing (some of) the work yourself. Here is an explanation of how you could claim a refund. The legal documents, like the sample letters and the sample summons, are in Dutch.

Write a Letter to the Agency

This letter needs to include the following information:

• That the agency was working for the landlord and therefore you were not obliged to pay an agency fee.
• You want a refund within two weeks of the date on your letter.

If the agency does not comply, you will start legal proceedings, taking the matter to court. There are sample letters on the following sites:

• The Dutch Realtors’ Association (NVM), see their page on commissions.
• The Woonbond Tenant’s Association, you can download their sample letter.
• The Juridisch Loket’s sample letters.

Please send your letter by registered mail as well as by regular mail, and make sure you keep a copy.

Going to Court

If the agency does not refund your agency fee, you will need to go to court. If you wish, you can have someone represent you, such as a lawyer or another expert. But you are also allowed to represent yourself. If you want to pursue the case yourself you will need to write a summons.

The NVM (Dutch realtors’ organization) provides a sample summons; please also see their page on commission.  

More Background Information (in Dutch)

consuwijzer.nl

acm.nl/

Below are some commercial agencies who offer to claim back agency fees. We only have experience working with Guido Zijlstra.

guidozijlstra.nl (Amsterdam)

procedeerwinkel.nl

claimnu.nl

terugvorderen.nl

onterechtbetaald.nl

lvdo-legal.nl

We wish you all the best and hope you will receive the refunds you are owed!

This article originally appeard on WijksteunpuntWonen, and has been republished with permission. Since this article was written, a number of agencies have declared bankruptcy (and perhaps continued working under another name). This means they will no longer pay their debts to their previous clients. Dafna’s advice is if you have unjustly been charged an agency fee and want to claim a refund, the sooner you do it the bigger the chance of actually getting your money back. See here for more information.

The post How to Reclaim Unjust Agency Fees appeared first on Amsterdam Mamas.

There are many legitimate letting agents around, but, unfortunately, there are also quite a few unpleasant characters who especially target expat tenants. In general, it is safer to rent through members of established realtors’ organisations like the MVA or the NVM than through unattached agencies. If you live in Amsterdam and have any other questions about housing rentals you can contact the !Woon agency in your area. Advice is confidential and free of charge.

Tips on Avoiding Scams in the Dutch Rental Market

• Don’t do business with landlords who only offer an email address, a mobile phone number, and/or a Facebook page. Ask for more information to establish with whom you are dealing, such as an actual business address or residential address. Ask for a proof of ID, check it, do an internet search about this person or company. Be aware that ID copies sent via email can be fakes. This often occurs in combination with requests to transfer money via Western Union.
• Check who owns the apartment via the Kadaster property register. If you live in Amsterdam and need assistance with this, the Meldpunt can help. If the owner and the prospective landlord are not the same, ask for an explanation, and, if necessary, ask for a written authorisation confirming that the landlord and/or agency are acting on the owner’s behalf.
• Apartment ads on websites like Facebook, marktplaats.nl, craigslist, or other advertising websites, aren’t always reliable. There are many illegal sublets on offer. You could end up paying lots of money but still being evicted or even fined.
• Ask if you can register with the council at the address (“inschrijven”). If the answer is no, that’s a red flag. It might be an illegal sublet, or a tax scam. It’s anyone’s guess what is going on.

Viewing

• Does the offer sound too good to be true? Then it probably is. Cheap rental accommodation on a canal in the city centre is extremely rare. Be extra alert if you are being offered an apparently amazing deal. If you feel uncomfortable, if things don’t seem quite right, pay attention to that feeling and be extra cautious.
• Be extra careful about renting an apartment you haven’t seen. If you’re not in the country yet, can you ask someone (a colleague, friend, or classmate) to inspect the apartment for you? If possible, talk to the neighbours. Do they know the apartment? Do they know who lives there? Any extra information can help you assess whether the person offering the apartment can be trusted.
• Don’t allow yourself to be pressured. Scammers are often in a hurry. They will push you to sign the lease quickly. Demand enough time to assess the situation, the apartment, and the contract properly.

Payment

• Before you hand over large sums of money, check the keys and make sure they work. If you can’t do this yourself, perhaps you can ask friends, colleagues, etc. to check the apartment. Be aware that even this is not a guarantee, but it definitely improves your chances.
• Scammers sometimes ask for various kinds of fees, as well as a deposit. Deposits are legal, but many other fees such as agency fees, disproportionately high administration fees, or contract fees, etc., often are not. Recently, many tenants have had success getting their agency fees refunded. If you live in Amsterdam the !Woon agency or the Meldpunt can help you reclaim such illegal fees.
• Preferably pay via bank transfer. Demands for other types of payment, such as transfers via companies like Western Union or cash payments (especially payments without receipts) are another red flag. If you have to pay cash, make sure you get a signed receipt. Have witnesses present when you make cash payments. Send confirmation emails to the landlord or the agency. Use your phone to record the conversation during your cash payment. In this conversation try to state the amount clearly, the reason you are paying (like “this is September’s rent”), name the apartment’s address, and the recipient. In general: build a file. Keep screen shots of the apartment’s advertisement, and keep all emails.
• If you still get scammed, contact the police immediately and press charges.

We hope you will find yourself a nice place to live. Good luck!

Adapted from an article previously published on WS Wonen. Full permission granted.

photo credit: Flickr via Photopin cc

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When someone passes away who leaves behind a child who is still a minor, the registrar must inform the court of this immediately. The court will then check to see whether the child has a legal guardian, such as one parent with parental authority who is still alive.

One Parent With Parental Authority Survives

If both parents shared parental authority prior to the death of one of the parents, the surviving parent will automatically have sole parental authority and no further action will be required of the court.

No Parent With Parental Authority Survives

If the parent who passed away had sole parental authority, or if both parents passed away, the court will take action to prevent a situation in which a child is left without an adult who bears legal responsibility for him or her.

Legal Guardian

If the parent appointed a legal guardian for the child before passing away, either in a will or in the Parental Authority Register (Dutch: Gezagsregister – more on this topic later), then this legal guardian must appear before the court to make a statement indicating that he or she wishes to accept legal guardianship, within 14 days after having been officially informed of the guardianship appointment (by family or by the deceased’s notary). From that point forward, the legal guardian will have guardianship over the child. This guardianship replaces parental authority.

If the guardian does not accept legal guardianship or if the parent(s) did not appoint a guardian, the court will appoint a guardian as soon as possible, ex officio or at the request of the family of the child, or at the request of the Raad voor de Kinderbescherming (Child Protection Services). The court will appoint the guardian who is deemed to be most appropriate for legal guardianship. This could also be an institution like Bureau Jeugdzorg (Youth Care Office). However, where possible, the court will give preference to a family member or to someone who was closely attached to the family. When appointing a legal guardian, the court will also take the cultural and religious background of the deceased parent(s) into consideration, and the upbringing which they would have wanted the child to have.

Once appointed, the legal guardian will be responsible for taking care of and raising the child until he or she becomes of age. This does not mean that the legal guardian necessarily has to take care of and raise the child by themselves; he or she can delegate the task to someone else. The legal guardian does, however, have final responsibility for the welfare of the child.

The legal guardian may use the funds left to the child to cover the costs of taking care of and raising the child. If the child has not been left with any money, the legal guardian will be considered to have a moral duty to support the child. There are certain state benefits that can be claimed for an orphaned child, but these generally do not cover all costs of living.

Surviving Parent Without Parental Authority

A special position has been created for the surviving parent who did not have parental authority before the time of the deceased parent’s death. Dutch family law has an explicit preference for assigning parental authority to the surviving parent. The court will assign parental authority to the surviving parent, even if the other parent appointed a different person to become legal guardian in his or her will or in the Parental Authority Register, except in the case of ‘well-founded fear’ that ‘the interests of the child (children) will be harmed’. The deceased parent’s wishes can therefore be overruled. In practice, a great deal must be the matter before the court will assume that there is well-founded fear that the interests of the child will be harmed by the surviving parent being assigned parental authority. A classic example is the situation in which the surviving parent killed the parent with parental authority.

In short: the point of departure under the law is that the surviving parent will be assigned parental authority even if he or she did not have such authority before the time of the deceased parent’s death. 

Practical Tips

Do you have a minor child? In that case it is certainly wise to appoint someone as legal guardian in the event of your death. This helps prevent a judge from having to decide who will be responsible for your child should you pass away. In the Netherlands, appointment of a legal guardian by way of a will can only be done with assistance from a notary. In such a will you can also specify how your estate must be handled.

A free-of-charge and easy option for appointing a legal guardian is by registering your wish in the court’s Parental Authority Register. The Parental Authority Register only provides for the appointment of a legal guardian. This register cannot help you to arrange anything else with regard to your estate.

You can appoint one or two persons together as legal guardian. You should be aware of the fact that appointing two persons together can lead to your child not being eligible for certain financial benefits. In such a case the two legal guardians are supposed to share the costs of living of the child between themselves. Because of this it is generally advisable to name just one legal guardian. It is, however, possible to name a second guardian (consecutively) for the situation that the guardian named first is unable or unwilling to take on legal guardianship.

Do you have reasons to doubt whether it will be in the best interest of your child if the other parent should be assigned parental authority in the event of your death? Considering Dutch law’s perspective in this regard, it is extremely difficult to prevent this. In such case it is best to still appoint a legal guardian in your will or in the Parental Authority Register (even if such appointment can be overruled) and to ensure that this appointed legal guardian is aware of your concerns, so that he or she can inform the court. Doing so will, in any event, increase the odds of the judge taking your concerns into account. If you expect to pass away while your child is still a minor (in case of terminal illness), then it would be best to share your concerns with Bureau Jeugdzorg. If Bureau Jeugdzorg agrees with you that the other parent should not be assigned parental authority, then Bureau Jeugdzorg can, by way of the Raad voor de Kinderbescherming, try to prevent such appointment and can also try to ensure that your child remains under the supervision of Bureau Jeugdzorg.

photo credit: Mel B. via photopin cc

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When the parents of children of minor age decide to get a divorce, they are faced with various choices. One of those choices is where the mother and father are going to live, and where the children are going to live.

If one of the parents decides to move and wants to take the children along, this often results in a conflict between the parents. In any case, it is important to know what is and what is not permitted. In the remainder of this article, I will use the basic assumption that the mother wishes to move with the children and that the father will remain in the place he is currently living in.

Authority

Basically, if a child is born in a marriage or a registered partnership, the parents share the authority of the child. It is also possible to have the authority shared by both parents registered in the authority registry. In this article, the basic assumption is that both parents share authority of the child.

Consent in Lieu

If both parents share the authority of the child, the basic assumption is they will communally determine the child’s domicile. In cases in which a conflict arises about this, a petition can be made to a court to grant consent in lieu. When making his decision, the judge will have to consider various interests, the child’s being the most important.

Moving Without Permission

It is not advisable to move with the child without permission from the other parent or the court. When it involves an international move, this is likely to be labelled an international child kidnapping. Yet it may also lead to serious consequences if it occurs within the nation’s borders, for example that the children will have to live with the father, or that the mother will have to move back within a certain distance of the father.

The Child’s Interests

As said, the child’s interests are the main consideration for a court. In this respect, contact with both parents at regular intervals is considered very valuable, as well as the importance of staying in its comfortable surroundings. Also, the social-economic interests of the child must be considered, for example the fact that the mother is enabled to look for work or obtain good accommodation that she is able to afford.

Interests of Others

Recently, the court have shown the tendency to also weigh in the interests of others – namely (mostly) the parents. For example, some of the determining factors may be the location where the parents work or may be able to find work, where the parents have their social network or locations where they can create a solid basis for their lives -yet, in some cases, this may also involve the place where a possible new partner lives, with whom they also may other children, or where it is healthiest for the mother to work.

Other Factors

As mentioned, a judge will consider many factors before making his decision. Below, you will find some of the factors that will be considered by a court:

• The mother must be able to provide proof that, in the interest of her child or herself, a move would be necessary and there is no other way of meeting this requirement. For example, think of a realistic job or housing opportunity, or the fact that all of mother’s family are living in a certain area, enabling her to have her children looked after when she goes to work. Also, in some cases, a mother may prove that she is not at all able to settle in in the husband’s current domicile, after having moved there.
• The move must be prepared properly, For example, think of available accommodation, the choice of schools and the prospect of employment.
• The way in which the children will keep in contact with their father will have to be contemplated. E.g. conversations via internet or over the phone, but also an arrangement for visits by the children to their father and vice versa. Also, this arrangement must be financially manageable for the parents, especially as distances become even greater.
• The level of healthy consultation between the parents also plays an important part. In the eyes of a judge, parents who are able to communicate with one another properly will be better capable of observing the child’s interests after a move.
• What may also be important is the division of care before the move. A mother who has always taken care of the children by herself is more likely to be granted permission to move than a mother whose child was also taken care of to a large extent by the father.
• If the parents were married and have not yet set up a custody agreement as part of their divorce, consent in lieu will generally not be granted.
• Children who are over the age of twelve will also be asked for their opinion and whether they are bound to the current domicile because of hobbies or for other reasons.

Conclusion

Moving the children following a divorce is not a decision you would want to rush into. Besides the fact that consent in lieu will have to be obtained from a court – if the father (or mother) does not agree- this permission will not be granted unless the request is properly founded. A simple ‘yes’ or ‘no’ regarding the question of whether the move will be granted cannot be provided, since every case is different from the next and since a court will consider many factors in its decision. As a result, it is very important to seek legal assistance from a lawyer who is experienced in these types of cases.

photo credit: theloushe via photopin cc

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Q. Who pays for maintenance and repairs of the house, the tenant or the landlord?

Tenants are responsible for small, inexpensive repairs that don’t require specialist skills, such as replacing a shower head. Tenants are legally obliged to notify the landlord of any larger maintenance issues, and the landlord is responsible for having them repaired. If the tenant ends up paying for repairs the landlord should have done, the landlord might have to refund these costs. If any of the items included in the service costs (furniture, washing machines, etc.) need repairs or replacement due to regular wear and tear, it is the landlord’s responsibility to repair or replace them. If the drains are blocked because the tenant didn’t clean out the shower drain, or poured cooking fat down the sink, it is the tenant’s responsibility to pay to have them unblocked. If the problem is with the main vertical drain connecting the apartment to the outside sewer, then the landlord has to pay.

If the landlord doesn’t do the necessary maintenance and the apartment is rent controlled, tenants can ask the Huurcommissie Tenancy Tribunal to lower the rent until the maintenance has been done. Here is an extensive list (in Dutch) of repairs for which the tenant is legally responsible.

Q. My landlord keeps increasing the rent of my apartment every year. Do I have any rights to negotiation?

If your basic rent (without the service and additional charges) is €699.48 or less, your apartment is probably rent controlled. If the basic rent is higher your apartment is most likely considered “free market” and rent control doesn’t apply. If you share a kitchen and/or shower and/or bathroom your housing is always rent controlled.

For free market housing, any annual increase in rent is determined by the contract. The rent can only be raised once a year. If the contract says the annual increase will be based on the price index number (around the rate of inflation), the maximum increase for 2014 is 2.5 %, and you do not have to agree to a higher percentage. If the contract states, for example, that the annual rent increase is the index number plus 5% then that’s what you have to pay. If your contract says every five years the rent can be raised to market value and this is your fifth year, then you might get a bigger increase. In this case the landlord will have to prove the current market value of your apartment. 

For rent controlled apartments the maximum annual rent increase is set by the government. In 2014 it can be 4%, 4.5% or 6.5%, depending on the tenant’s income. 



The rent increase sent by the landlord each year is a proposal. If the tenant pays the increase it becomes an agreement. But if the proposal isn’t correct (e.g. if the increase is too high or too little time has passed since the previous rent increase), the tenant can object. This has to be done before the proposed rent increase will take effect. To find out if you have grounds to object your rent increase proposal, you can contact the !Woon in your area. 

Q: What is the difference between a temporary and permanent contract, and how do I know which one I have? 

Most rental contracts in The Netherlands are considered permanent until the tenant gives notice. Simply writing “temporary contract” at the top of a contract doesn’t actually make it temporary. If a supposedly temporary contract doesn’t meet the strict legal standards for such contracts, it automatically becomes permanent. A 1 year contract is for a minimum of 1 year, not a maximum. After the initial length of time has passed the contract will automatically become permanent— even if the contract says “temporary” at the top, includes an end date, and the tenant’s signature.

This means that tenants can stay as long as they like and leave when they want, provided they give 1 month notice (if they pay rent monthly). If the owners want to sell the house the tenants do not have to move out. The owners will have to sell the house with the tenants in it. The new owners will simply replace the old landlords, taking over all of their rights and obligations. One reason owners can ask the tenants to vacate is if the owners need the place for themselves, have no other options, and would otherwise be left homeless.

Examples of contracts that could be considered temporary, according to Dutch rental law, are: holiday accommodations, student housing, housing slated for demolition, house-sitting situations, and housing that is already listed for sale. Sometimes special permits are necessary, and if the landlord doesn’t have the necessary permits the contract isn’t temporary. Each situation needs to be assessed individually.

The post Renting in Amsterdam FAQ’s appeared first on Amsterdam Mamas.

 A common concern of tenants is whether they are paying more rent than they actually should. Following are the things that you need to consider if you are asking yourself this question.

All-In Rent?

First of all, you need to assess how much basic rent you are paying. Your monthly advance payment might include additional housing costs such as water, utilities, internet connection, etc, and these costs should be clear. The basic rent is called kale huur and the additional costs are called servicekosten.

If your contract doesn’t clearly differentiate between the two it is considered an “all-in” rent price. These are illegal. If you are being charged “all-in” you can present your case to the Huurcommissie National Tenancy Law Tribunal. Unfortunately the Huurcommissie communicates in Dutch only so you might need a translator to assist you.

If the Huurcommissie agrees that your rent is indeed “all-in” they will calculate your maximum legal rent using a points system called puntensysteem. Your basic rent will be reduced to 55 % of your legal maximum rent, and your monthly service cost advance payment will be set at 25 % of the new rent.

Rent Control?

If your basic rent at the start of your tenancy was below € 699,48 and your contract started in 2014, your apartment is rent controlled, even if it is privately owned. If your contract started in 2013, the rent control limit is € 681,02. For 2012, it is € 664,66. If your apartment is rent controlled you can use this tool to calculate the maximum legal rent.

If your basic rent does not exceed this maximum legal rent you are not paying too much. If it does exceed the legal maximum, you will need to send your landlord a written request to lower your rent, starting 2 months from the 1st of the next month. Here is a template you can use for this request. If your landlord agrees to lower your rent then you’re done. If, after the two months has passed, your landlord has not agreed or has not replied (in writing), you can present your case to the Huurcommissie. If the Huurcommissie agrees that your rent is too high they will lower your rent to the legal maximum. A Huurcommissie procedure costs €25, refundable only if the ruling is in your favor.

If you rent a room and share a kitchen and/or bathroom and/or toilet facility with other tenants, your housing situation is always rent controlled. You can calculate the points and the maximum rent using this tool. If your rent is too high you can also ask your landlord to lower your rent as described, and present your case to the Huurcommissie if necessary. Annual rent increase percentages for rent controlled apartments are set by the government. 

Free Market Rent

If the basic rent at the beginning of your contract was above the rent control limit, AND according to the points system the rent should be below this limit, AND your contract started less than 6 months ago, you can contact the Huurcommissie to lower your rent retro-actively. If your contract is more than 6 months old this is no longer possible.

If your basic rent exceeds € 699,48 your apartment is not rent controlled. In that case the rental price in the contract stands. The contract should also state how the rent shall increase. Usually for free market contracts there is an annual rent increase similar to the inflation (prijs index cijfer). Often, but not always, there is a clause stating that every 5 years the rent will be increased to the current market rate. Again, all of this only applies to the basic rent.

Service Costs

As stated above, the service costs should be clearly specified. Your landlord is not allowed to make a profit on these costs. You can only be charged for the specific items listed in your contract (such as furnishing, cleaning of the communal areas, internet subscription etc.) that would otherwise be your responsibility. You cannot be charged for costs that should be paid by the landlord (such as most of the maintenance). Your monthly payment is an advance payment. You should receive an annual statement clearly listing all of the rent payments and all of the costs, called afrekening servicekosten. If you have not received this total balance, the landlord cannot increase your monthly payments, or charge you for any extra payments. If according to the statement you paid more than the landlord for the service costs, you are entitled to a refund. If you paid too little you will need to pay the difference.

In my experience, expats are often grossly overcharged for furnishings. There are very clear rules about this. For example, for non-durable goods (rugs, doormats, pots, pans, and small household appliances) tenants can only be charged a maximum of 20% of the purchase price per year. Furthermore, tenants only need to pay this for goods no older than 5 years. For goods over 5 years old, the maximum charge is 20% of their second-hand value. For durable goods (stoves, heaters, boilers, fridges, etc.) the maximum annual charge is 10% of the purchase price. After 10 years they need to be reappraised. For more information on service costs, consult this WSW flyer.

photo credit: cincyproject via photopin cc

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The Raad voor Rechtsbijstand (Legal Aid Board) was instituted by the Minister of Justice (Lord High Chancellor). Its aim is to make sure you will have legal representation should you require any. If you cannot afford a solicitor, the Council will provide financial support. Your solicitor will receive a toevoeging, a monetary allowance. You will pay part of the cost yourself. The size of your contribution depends on the height of your income.

Under the European Convention on Human Rights and the Constitution of the Netherlands, each citizen (or visiting citizen) of the Netherlands has the right to access courts, apply for legal advice and representation and, if means do not suffice, receive state-financed legal aid. The Dutch Legal Aid system provides legal aid to people of limited means.

Anyone in need of professional legal aid but unable to (fully) bear the costs, is entitled to call upon the provisions as set down in the Legal Aid Act (in force since 1994; the last amendment of this law took effect on July 1st, 2011). The Legal Aid Act of 1994 replaced the prior statutory system that dealt with the supply of legal aid and dates back as far as 1956. Given their financial means and merits, approximately 36% of the Dutch population (with a total of 16.7 million people) would, according to the latest estimates, qualify for legal aid if circumstances so require. The legal aid itself is mainly financed by the state (the Legal Aid Fund) and only for a minor part by an income-related contribution of the individual client.

Fields of Law:

• Labour/employment
• Family (domestic violence, divorce, alimony, child abduction etc.)
• Contract/consumer
• Social security
• Housing
• Criminal
• Immigration
• Administrative
• Other civil cases

The eligibility for legal aid is based on both the client’s annual income and his assets. The LAB verifies the client’s personal data with those in the municipal population register and checks the applicant’s income with the tax authorities. It is able to do so with the aid of a burgerservicenummer (citizen service number) (BSN); this is a unique identification number, which every Dutch citizen receives when registering in the municipal population register. 

Thanks to online connections with the tax offices, the LAB is able to rapidly obtain information concerning the applicant’s income and other available financial means. Assessment of the applicant’s income level (and hence his potential eligibility for legal aid) is based on his income two years prior to the application date, the so-called reference year (t-2). The reason to use that year’s income data, is that those data are the latest that are available from the tax authorities. Moreover, those data have generally been found correct and therefore final. So, for a certificate to be granted in 2013, the applicant’s income in 2011 is decisive. In order to qualify for legal aid in 2013, the applicant’s income in 2011 should not be higher than € 24,900 (single person) or € 35,200 (married persons /single person with children).

However, requests can be made to change the reference year, if the applicant’s income in the year of application has decreased substantially compared to that in the reference year. This holds if the applicant’s reference-year income would not make him eligible for legal aid, whereas his present income would. If an applicant wishes to be eligible for a lower contribution, his income needs to have decreased by at least 15% since the reference year.

Eligibility for legal aid

Eligibility for legal aid, however, is not only subject to the level of income but to the availability of other financial means (such as savings) too. The applicant’s assets must not exceed € 20,014 (with a supplementary allowance of € 2.762 per child under 18 in his care).

People seeking justice are encouraged to visit the Legal Services Counter first by offering them a discount of € 51 on the individual contribution, should it turn out that a certificate is needed after all. People seeking justice with a certificate and who have not visited the Legal Services Counter first will not receive this discount on the individual contribution. There are also cases in which the discount is automatically given, for example in criminal cases. In 2012, the contributions to be paid by clients varied from € 127 to € 785 per case (depending on income). Individuals whose income exceeds € 35,200 (partner income included) or € 24,900 (single) are not entitled to legal aid.

In 84% of the cases of certificates granted, the person seeking justice comes under the lowest individual contribution category. Sometimes clients are exempted from individual contributions. This applies to all cases where people have been deprived of their freedom against their will. But also ‘have-nots’ are exempted from paying an individual contribution. If a client is in need of a second certificate within six months, his contribution is reduced by 50%; this reduction applies to a maximum of three certificates within six months. If a client has not visited the LSC, this reduction will not be applied. In the second half of 2013, this so called ‘anticumulation scheme’ will be abolished; from then on, there will only be a hardship clause. It is also possible to apply for a mediation certificate. This allows the client to call in assistance of an independent mediator, so as to help him to settle an issue between himself and another party. To stimulate the use of ADR, the client’s contribution towards the costs of mediation is generally less than that of regular legal aid. In 2012 the contribution for mediation was set at a maximum of € 102.

In case of relatively simple legal problems, private lawyers are allowed to charge a standard three-hour legal advice fee, of which the client contributes € 41 or € 76, depending on his income. This is called a minor aid certificate. 

Duty lawyers

Besides certificates, the LAB also provides duty lawyers. Each criminal suspect, alien or psychiatric patient who has been lawfully deprived of his liberty against his will receives a visit from a subsidized lawyer. The availability of lawyers is provided for through the defence counsel rota services. Lawyers are scheduled according to a rotation system, so that a lawyer will always be available. In 2012, legal aid provision through duty lawyers took place over 127,000 times.

Legal aid in the Netherlands is usually provided by private lawyers that provide legal advice and represent clients in cases that deal with the major fields of law: criminal, family, labour/employment, housing, social security, consumer, administrative, asylum and immigration. Private lawyers obtain legal aid cases in two ways: either one of the LSC refers a client to a lawyer, or a client contacts a registered lawyer on his own accord. In the latter case the lawyer will have to refer a client back to the Legal Services Counter in order to qualify for a discount in the individual contribution, if a certificate for legal aid is needed. To be entitled to accept legal aid cases, private lawyers need to be registered with the LAB and comply with a set of quality standards. The quality is assured by the Bar. For some fields of law – criminal, mental health, asylum and immigration law, youth, family law –additional terms apply. These are mainly concerned with specific training: the lawyer must both have adequate expertise and sufficient experience in that particular field.

photo credit: UNDP in Europe and Central Asia via photopin cc

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Q. We are Dutch, but want to teach our child English. Do you have any tips or strategy for us?

What approach you take to introducing a second language depends on many factors, including what your goals are and what resources are available. Ideally, if your goal is full bilingualism, then the best choice would be a school in the second language, in an “immersion” type setting. By having one language (Dutch) at home and in the community, and the other at school, there is a balance of input that will allow the child to grow in both languages to full bilingualism.

Outside of the normal choices for English-language schooling in Amsterdam, there are also now a few new “bilingual” primary schools. While these do not have as much English language input, and therefore, the journey to bilingualism will be slower, they have the benefit of being within the Dutch school system, and will also support the growth of Dutch.

If neither of these is an option, you can choose to introduce another language at home, although results will vary according to how much time you can devote to this. Some families choose to introduce another language at home using “domains of use”, where both parents and children use a second language together. This works best with prescribed situations such as “games hour on Sundays” so that children get used to the idea and build some skills first, and then the parents can move to regular use of the second language in the home. This is mainly advisable for majority language parents (Dutch) introducing a second language, as they can be sure that their children will get enough Dutch input from other sources. This is not always recommended in families where a minority language is already spoken at home, as any time devoted to the new language takes time away from the minority language.

An additional way to introduce another language is by planning for outside input. This often means choosing child care in the new language – hiring a babysitter/nanny who speaks the language you would like your children to learn. The benefit to this approach is that the parents continue to provide quality and quantity input in the home language, without needing to plan for time for another language. Also, some children find it easier to accept a new language from a new person, rather than a language change from parents, which some children find confusing or off-putting.

An important point to remember is that children will get out of it what is put in – if you can only manage a few hours a week in a new language, the children will not necessarily learn quickly and become “bilingual”. Parents need to consider carefully their goals in introducing a new language and make sure that their plan matches their goals.

If you have any questions regarding multilingualism that you would like to be answered on the website, please send an email to eowyn@crisfieldeducationalconsulting.com

photo credit: Caleb Roenigk via Flickr cc

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Q: My son is growing up with multiple languages. Is it possible that he learns three languages at the same level (as good as native)? How many languages can a child master?

A: Children can master more than two languages, provided that they have enough input. However, the more languages you introduce into the mix, the less time there is for each language. Most commonly, children with three or more languages have differing competence in each language. The ones they use the most (school language, for example) will be the strongest, and the ones they use the least may have a more passive than active competence.

Q: We are only introducing two languages to my two-year-old son, Dutch at daycare and English at home. Right now, he speaks mostly Dutch words since he hears it at daycare, living in Holland with Dutch family and friends, and when we allow him to see some cartoons. The only exposure is when I speak to him in English and when my husband and I talk to each other. Should I be concerned that my son is not speaking more English? How much of a language is “enough”?

A: He can certainly be fluent in both Dutch and English, but only if you plan for adequate input. This means that he must hear enough English to process and understand how it works, and have enough chances to use English to practice the active skills. It is important to plan for opportunities for input and output if you want to have a child who is fluent in both languages.

Q: Would be helpful to have my 6-year-old son get some extra tutoring in Dutch? We have lived here 2 months and he has started in class 3, but he speaks no Dutch. I want him to learn as quickly as possible so he can make closer friendships and catch up with school work, but I don’t want to overload him. How much is too much?

A: Generally speaking, the older a child is when they start school in a second language, the longer it takes for them to “catch up” and the more work they have to do to get there. You should concentrate on two things. Firstly, go over your son’s school work with him (without overloading him) in English, to help him with comprehension and make sure he is learning in English what he doesn’t yet have the language skills to learn in Dutch. Secondly, if you want to help him improve his Dutch more quickly, I’d advise having someone (even just a teenager) come to play with him in Dutch, rather than tutor him. This is a low-pressure way to help him improve his Dutch and learn to play in Dutch so he can participate at school.

Q: My son is now 9 months and I have been consistently talking German to him. I am fluent in Dutch, but don’t want him to learn it from me, as I still have small grammatical errors. He has been attending a dutch daycare for 4 days a week since he is 5 months old. Will the Dutch from the daycare be sufficient for him to attend a Dutch school or will he need additional language exposure? I am thinking about reading Dutch books to him but don’t want to confuse his language understanding, as he is associating me with the German language. Should a parent speak a non-native language with a child?

A: Most children who attend crèche in Dutch will learn well enough to attend school in Dutch. While extra input can be useful, it shouldn’t be at the expense of his home languages, so you should continue to use the home language if you want your children to master these languages.

Q: My husband and I are both English, but since we intend to send our son to a Dutch school, I was wondering how he will learn to read and write in English? Should we let him concentrate on learning in Dutch at school and back off on the English reading and writing, or teach English him at the same time? When to introduce secondary literacy?

A: If your son is going to go to school in Dutch, he should learn to read and write in Dutch first. Secondary literacy will follow usually within 2-3 years, he will be able to transfer most of the Dutch literacy skills to English when he is ready. At this point, you may want to work with him on certain aspects of English like spelling and grammar, and ensure that he reads age-appropriate books in English.

Q: My husband is Dutch and I Norwegian and we have a two-month-old baby girl. Each of us will be speaking with her in our own mother tongue, but when my husband and I are speaking to each other we always speak English. Is this a good way to go forward? What about when the three of us are all in a conversation together?

A: Generally speaking, the only input that is useful to babies and small children for language acquisition purposes is direct input – adult-child. This means that in the early years your daughter will not pay attention to what you and your husband are speaking together, so you don’t need to worry about English. Focus on her Norwegian in the early years, as it is a minority language, and she will learn Dutch from her father and from school. She may start picking up English from listening to you when she is older, and if not she will learn it at school.

Q: I’m Dutch but my partner is Italian and together we speak English. I heard you need to be very strict but already now I find it hard to only speak Dutch to my 6-month-old son. I throw in some English here and there when we are all together. Will that confuse him too much or can I just let it come naturally?

How strict you need to be depends on your language goals for your family. If you want your children to speak Dutch to a native speaker level, you need to ensure enough input for that to happen. Also, although it seems early, your son is right now figuring out how the different languages work and so being consistent will help him establish a strong base in Dutch – if you are mixing with English it is difficult for him to work out where the boundaries are, and what belongs to which language. In my opinion, it’s better to be strict in the early years with your language use, and when you see that your child understands the difference and can use both languages clearly you can relax your “rules” a bit.

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What is a consumenten koop (consumer purchase)?

We speak of a consumenten koop (consumer purchase) if a consumer buys a product from a seller, for example a shop. The consumenten koop is a verbal or written agreement between you and the seller, which brings rights and obligations to both parties.

For example, the agreed price has to be paid by you and the seller has to deliver a sound product. That means a product that meets certain requirements during a certain period of time when used as intended.

Regarding warranty there are a lot of misconceptions: Warranty means that the seller or manufacturer is able to deliver the quality of a product. Therefore, the legal right of a sound product always applies, also after the warranty period.

When do we speak of a koopovereenkomst?

A koopovereenkomst is an agreement to purchase, which can be done verbally or in writing. So verbally agreeing to purchase is as much an agreement as a signature for an order. You don’t have to pay for the product in order to agree to a koopovereenkomst.

What should I watch out for when I agree to a purchase?

When closing an agreement, make sure you are aware of the terms and conditions that apply (algemene voorwaarden). Read them or ask the seller what the most important clauses are.

If you agree to buy, general conditions usually apply – also referred to in Holland as de kleine lettertjes (small prints). These are drafted by the seller, sometimes in consultation with consumer organisations like the consumentenbond. The general conditions usually contain:

• Payment conditions
• Guarantee conditions
• The organization to which the seller maybe connected.
• How the company handles complaints.

What are my rights?

• Terms and conditions are only valid if you have accepted them.
• The seller must make the terms and conditions available to you without you asking for it. If this is not possible, the seller may send the conditions later.
• If you terminate the agreement, terms and conditions may also be provided via internet.
• If you have not been given terms and conditions then you are not bound to purchase.
• Terms and conditions must be reasonable. The law states a black and a grey list of examples of unreasonable conditions. If conditions are not reasonable, then you are not bound to purchase.
• Terms and conditions may not be modified by the seller, unless it is a change included in the agreement (amending clause).  Therefore terms and conditions have to indicate on what grounds changes can be made.
• The seller should deliver the amended terms to the customer in a timely manner. A general message or an entry in a newspaper is not enough.

I have regrets after having made a purchase. Can I undo the sale?

• If you buy a product in a shop you can undo the sale only if the seller agrees. Some resellers offer the possibility to cancel the purchase agreement under certain conditions, if the product is unused and undamaged. This is stated in the terms and conditions (algemene voorwaarden). For example: To exchange a product with refund within 7 days, one can pay a cancelation fee or get a voucher. To sum up: A sale is a sale; you can’t legally do much to undo it. Talk to the seller and see if you can come to a reasonable solution.
• If a product is defective, the seller cannot just give you a voucher in return: don’t accept it! Once you accept the voucher, you cannot claim anymore that your product is defective. (See “My purchase is broken (defective), what do I do?)

What are my rights?

• Exchanging goods is not a right but an extra service, for which terms apply. Make sure these terms apply and find out what they entail.
• When you buy a product at a distance, for example via internet or over the phone, a distance contract apply: you legally have 7 working days to change your mind (bedenktijd) and can send the product back. For products sold at the door (colportage) you have 8 days.

I bought a product that is defective. What can I do?

Go back to the seller. You are entitled to a replacement or reparation, unless the seller can prove that the product has been used in the wrong manner.

What are my rights?

If your purchase within six months of delivery (receiving the goods) has a defect that is not caused by wear and tear and was used as it was intended (according to manual), the law assumes the product is defective. You are entitled to a free replacement or reparation, unless the seller can prove that the product has been used in the wrong manner.  This should be done in a reasonable time, without too much disruption. If the reparation takes longer than 3 weeks, then you can request to borrow a replacement for the time being. If the seller cannot repair or replace it within a reasonable time, you can undo the sale and request a refund.

What should I do?

• Contact the seller and explain that you used the product according to instructions but it broke nevertheless. Ask for a solution (reparation or replacement).
• If the seller cannot repair or replace it within a reasonable time, you can request to borrow a replacement for the time being or undo the sale and request a refund.

If the defect of your product occurs outside of the guarantee period, you will have to prove that the defect was not caused by wear and tear or wrong usage. If this can be proven, the same as above applies. However, if the reparations makes the product last longer, the seller can ask you to contribute to the reparation.

Beware! You can only request a refund if:

• You have given the seller the opportunity to repair or replace the goods
• The seller cannot or will not repair or replace the goods in a reasonable term
• The goods are still defect after numerous repairs

I have a complaint, what can I do?

Have you not been treated well by the seller? Or doesn’t the seller keep to the agreement? First try to explain your complaint to the seller. What are you not satisfied about? What were your expectations and what have your received? Stay neutral and business-like. Threats, insults and anger will only work against you.

Wait for the seller to suggest a reasonable solution. If not, propose a solution. Always make sure you ask for the name of the person you are speaking to. This increases their engagement in coming to a solution and also gives you a name to fall back on. Also ensure you take notes of what was agreed and when the conversation took place, just in case the matter is not resolved. Important promises that were made should be put in writing.

What if the seller disregards my complaint?

Send the seller a letter with your complaint. Describe the solution and how you expect the seller to comply with it. Give the seller 3 weeks to reply. It is best to have the letter sent registered. The letter should also describe any suffered damages and what actions will follow if the matter is not resolved. Request a written answer to prevent the seller from calling you. Also it might be necessary to build up a case. If the seller has an official complaint procedure, make sure you follow this when sending your complaint. Do not use the online “contact form” as you will not get a confirmation of receipt.

If after four weeks you have not received an answer or the answer is not to your satisfaction, you can file a formal complaint via de geschillencommissie. Please note, you can only file a complaint if you have written a letter to the seller.

If the seller is not affiliated to de geschillencommissie, you can enable legal aid. You can check if the seller (or its branch organization) is affiliated with the geschillencommissie.

How do warranties work?

There are two types of warranty:

• Legal warranty
• Extended warranty

You always have legal warranty during the first 6 months. Extra guarantee can be offered by the shop or manufacturer at its discretion.

Sometimes a manufacturer offers an extended warranty, if you register the product. The extended warranty can comprise longer warranty period or warranty on more parts. Usually registration is online: you complete a form with details about yourself and your purchase.

If the purchase has a defect during the warranty period, then you can assume that the product is faulty. The seller or manufacturer will repair or replace it. However, this only applies if you have used the product as it is intended.

If the warranty period has expired, this doesn’t mean you don’t have any rights. Also after this period, you retain the right to a faultless product.

What are my rights?

• If a product shows a defect within 6 months, the law assumes the product is defective. The seller has to prove the opposite, by for example showing that the product was not used as intended.
• Also in case of extended warranty, the seller/manufacturer must prove that the product is flawless and that the defect does not fall under the warranty. If he cannot prove it, the problem must be resolved.
• Extended warranty is an addition to the legal warranty and none of the rights may be restricted or excluded.
• Outside the warranty period, you can always claim your product is defective, as the seller is legally bound to deliver a flawless product.
• When a product is defective, this doesn’t mean that you regret your purchase (even though you do!) so the seller cannot just give you a voucher.
• Make sure you inform the seller of the defect as soon as possible and within 2 months of discovering the problem. You are within time according to the law.

For more information about consumer rights in the Netherlands, please visit: www.consumenteninformatiepunt.nl and (in Dutch) www.consumentenbond.nl

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