Author: Bert van Essen

By Godelijn Boonman

Employment law in the Netherlands offers employees a number of protections against dismissals. Unfortunately, many internationals are unaware of their rights.

Permission

To start, employees with a permanent contract are given very strong protections by the law. An employee with a permanent contract cannot be dismissed without permission from either a judge or the Uitvoeringsinstituut Werknemersverzekeringen (UWV or Employees Insurance Agency.)

Furthermore it is not easy to convince a judge or the UWV to give permission. An employer needs to have reasonable grounds to dismiss someone and also needs to prove that they have tried to move the employee in another role in the company, possibly following retraining.

Fixed term contracts

Permanent or fixed term contracts must abide by the so-called 3/2/6 rule, unless there is a different collective bargaining agreement in place. Since this rule came into effect on 1 July 2015, employers can offer no more than three consecutive contracts, the total duration of these contracts cannot last for more than two years and any break in between the contracts of less than six months is considered continual employment. Any contract exceeding these limits automatically becomes a permanent one.

For example, these rules allow three consecutive fixed-term contracts of eight months each, or two one-year contracts. A period of over six months, e.g. six months and one day, is needed to “break the chain” and allow the parties to start afresh. .

Another change is that the employer must (though there are exceptions) inform a fixed-term employee in writing no less than one month before the end date of the contract about whether the contract is to be extended and, if so, under which conditions. The penalty for failure to give timely notice is monetary compensation equal to the salary for the unobserved period.

Eight grounds for dismissal

There are eight reasonable grounds that an employer can use to justify dismissing an employee on a permanent contract. They are:
1. headcount reduction for business reasons (redundancy)
2. long-term (more than two years disability)
3. frequent and disruptive absence relating to sickness
4. incapacity to perform the contractual work other than for a medical reason
5. serious misbehaviour
6. refusal to perform contractual duties for reasons of conscience (conscientious objections)
7. working relationship that has broken down, provided the impairment is so serious that the employer cannot reasonably be required to continue the relationship
8. other reasons that are of such a nature that it cannot reasonably be expected that the employer should continue the employment relationship.

This list of grounds for termination is exhaustive and the grounds cannot be combined. A judge who decides to terminate an employment contract must select one (and only one) of the eight possible grounds for termination.

Incapacity

The fourth reason for dismissal, incapacity to perform contractual work other than for a medical reason, can only be asserted if (i) the employer has informed the employee of the performance issue in good time; (ii) the employer has taken sufficient steps to enable the employee to improve the performance; and (iii) the underperformance has not been caused by insufficient efforts by the employer to train the employee or by poor working conditions.

Wrongful dismissal?

An employee who has been dismissed without consent in the absence of permission or in breach of a dismissal prohibition may ask the court to annul the dismissal or to award compensation. An employee who has been dismissed pursuant to a dismissal permit may apply to the court for reinstatement or compensation. It is also possible to appeal a court order.

Compensation

Under the new rules, every termination (other than following retirement or for serious cause) – including termination as a result of non-extension of a fixed-term contract that has lasted for two years or longer – will give rise to an obligation to take the applicable notice period into account and to pay the departing employee a transitievergoeding (transition compensation.)

The compensation is equal to 1/6 of the last-earned average month’s pay for the first twenty half-years of service and 1/4 of the last-earned average month’s pay for each additional half-year of service. However, employees aged 50 or above with no less than ten years of service are, until 2020, entitled to half a month’s salary for each half-year of service beyond the age of 50.

Certain expenses that the employer has paid during the final five years of employment with a view to increasing the employee’s employability may be deducted from the transition compensation. Only in extreme cases will the employee be able to claim an additional amount. The government has stressed, and it is widely accepted, that such additional awards should be exceptionally rare.

Negotiation

If an employer does not have a good case  for dismissal, then an employee can of course negotiate a higher transitional compensation. Employees who are facing a wrongful dismissal should take care to exercise this right.

Unemployment

An employee who loses their job is normally eligible for unemployment benefits, which are paid by UWV. The benefits equal 75% of last-earned salary for the first two months and 70% thereafter, in both cases calculated as a percentage of no more than the maximum base. The maximum duration of the benefits varies from three to 24 months, depending on how long the employee has been insured.

Godelijn Boonman is lawyer at GMW advocaten in The Hague.
e-mail: g.boonman@gmw.nl
tel.: +31 70 3615048
www.legalexpatdesk.nl

Though most people work directly for an employer, over the past years, a considerable and growing number of people in the Netherlands have chosen to work in self-employment, to the point where, at present, 1.76 million people have self-employment as their main, or only, source of income. Of these, 900,000 are what the Dutch call ZZP-er – Zelfstandige Zonder Personeel, or self-employed persons with no employees.

The percentages show the inevitable entrepreneurial and independent nature of those who work in self-employment. The most important reasons for doing so are: needing a new challenge; wanting to be able to determine for themselves how much work they do and when; always having wanted to work in self-employment; and not liking working for a boss. A smaller group is in self-employment out of necessity: because they lost their job, the atmosphere at work was not good, or because they couldn’t find a job. It is this last category that, starting in 2017, is causing the number of ZZP-ers to shrink. Due to the economic upswing, there is an increase in jobs in employment, while employers are becoming less leery of offering a fixed contract. Also impending legislative changes governing the contracts between clients and freelancers are causing both parties to protect themselves by changing the nature of their collaboration.

As the Netherlands is a country that so easily accommodates self-employment, and that has an economy that is based mostly on the services sector, is an attractive country for also non-Dutch nationals to come and try their luck – be it as an expressly-chosen destination, or as an accompanying partner/spouse. In short, there are plenty of opportunities, practical advantages and tax benefits – but before you get started, there are a few things that are good to know, in order to be well-prepared.

Assistance

First of all, whom do you turn to for information and support? There are several organizations in the Netherlands that can help you along the way.

Chambers of Commerce: The Chamber of Commerce is a public institution and the information desk can provide you with information on how to start a business, which diplomas you need for your specific line of business, how to write a business plan to be able to finance your ideas and what (zoning) plans your municipality has within the area in which you want to establish your firm.

There are more than 20 regional Chambers of Commerce (Kamers van Koophandel). They register (practically) all companies based in the Netherlands, whether they are of Dutch origin or foreign: public and private limited companies, cooperative societies, mutual guarantee associations, sole traders, partnerships and associations of home-owners. Also private persons who work on a free-lance basis and persons who carry out one of the professions specified on the professions list of the Chamber of Commerce, are obligated to register. The purpose of this registration is to enable third parties to find information on a company – such as who is liable, who can make binding commitments; in other words, the legal structure of a company.

MKB-Nederland: Another institution you can turn to for information is MKB-Nederland (Instituut voor Midden- en Kleinbedrijf), an organization that represents the interests of small and medium-sized companies. Various activities are initiated by this institute, aimed at offering its members relevant knowledge and expertise as well as at improving the general position of small and medium-sized companies.

Other Institutions: Other institutions that can offer you advice are banks and the national tax office. Both have information desks for people who plan to start their own business and can provide you with the information you need. And last, but not least, all major cities have a business desk at the town hall.

Proof of Identity

When staring a company, proof of identity will be required when registering with the Chamber of Commerce, as well as an original private bank statement or an original extract from the population register (not older than one month).

The following documents are accepted as valid proof of identity:

a valid travel document (Dutch or foreign passport, European identity card)

• a valid Dutch driver’s license (a foreign driver’s license will not be accepted)
• a residence permit issued by the Dutch aliens police
• a Dutch refugee passport
• a Dutch aliens passport.

Setting Up Establishment

There are no specific restrictions for foreign companies who wish to start a business in the Netherlands, nor are there restrictions on the ownership of real estate or on the remission of capital and profits abroad.

There are various ways in which foreign companies can set up permanent establishment in the Netherlands, which we will describe briefly here:

• branch office
• eenmanszaak: a one-man business
• maatschap: partnership – business involving more than one person, usually used by accountants, doctors, etc.
• vennootschap onder firma (VOF): general or commercial partnership – business involving more than one person, under a common name, each severally liable
• commanditaire vennootschap (CV): limited partnership with managing and ‘silent’ partners
• besloten vennootschap (BV): private company with limited liability
• naamloze vennootschap (NV): (public) corporation.

Branch Office

A foreign company does not require any prior approval from the Dutch authorities to establish a branch office in the Netherlands. It does have to file various details (i.e. name, trade name, objects, manager) and documents (i.e. articles of association) pertaining to the company and the branch office with the Chamber of Commerce. The local manager of the branch office does not have to be of Dutch nationality. Insofar as the obligation to publish the annual report and accounts also applies under the law of the country of formation of the foreign company, these should be filed with the Dutch Chamber of Commerce as well.

Partnership

Under Dutch law, you can set up a partnership with two or more partners: the general partnership (‘VOF’ or vennootschap onder firma) and the limited partnership (‘CV’ or commanditaire vennootschap). The basic difference between these two forms of partnership is the partners’ liabilities. A limited partnership has one or more managing partners (beherende vennoten) and one or more ‘silent’ partners (commanditaire vennoten). The liability of the ‘silent’ partners is limited to the amount of their capital contributions. Each partner in a general partnership is, in addition to the partnership itself, severally liable for the obligations of the company. Under Dutch law, a partnership is similar to a business under single proprietorship, except that there are two or more owners.

Companies with Limited Liability

In the Netherlands, corporate law defines two different types of companies with limited liability: the NV (naamloze vennootschap), which is a public company with limited liability, and the BV (besloten vennootschap), which is a private company with limited liability. The main differences between the two types of companies regard the type of shares, the need for minimum capital, the transfer of shares, the purchase of own shares and financial assistance.

The BV form is particularly suitable for a wholly-owned subsidiary, joint venture companies and family businesses. The NV is suitable for larger companies whose shares may be listed. Ask an accountant, legal or financial advisor or the Chamber of Commerce about the legal and fiscal consequences of the above forms.

Taxes Owed by Self-Employed Persons

If you run your own business you can be held liable for the following:

• wage tax
• income tax
• national insurance schemes
• employee insurance schemes (if you have employees)
• VAT (value added tax).

Self-employed persons who have no employees owe income tax and VAT. Enlisting the services of an accountant will help you benefit from the many deductions that apply to you.

VAT

Those who deliver services and goods in the Netherlands are obligated to charge their customers VAT (Belasting Toegevoegde Waarde or BTW), which they subsequently pay to the tax authorities. The general VAT rates are 21% and 6%. They owe this, no matter whether they (aim to) make a profit or not, the moment an invoice is sent out. To the delivery of goods and services outside the Netherlands, other rules apply.

However, the amount of VAT that you have paid to others who deliver their goods and services to you, can be deducted from the amount of VAT you owe. Those whose ‘VAT income’ does not exceed a certain amount enjoy a full or limited exemption from paying the amount due to the tax authorities.

The amount of VAT due should be reported on the Aangifte omzetbelasting, or Turnover Tax Return, on a regular basis (monthly, quarterly or yearly). This is done online, by means of the so-called electronic, or electronische, Tax Return. The tax authorities issue you a username and a password to do this.

VAR

Until recently, in order to avoid unpleasant (tax) surprises – for you and your client – you requested the tax authorities to issue you a Verklaring Arbeidsrelatie (Statement on Your Labor Relation). This VAR either stated that you were working as an independent person or that you were working as an employee, on the basis of a (fictitious) labor relationship. This way, your clients knew upfront whether or not they would have to withhold wage tax and/or social security contributions on the fee they paid.

This statement has been replaced by standard model contracts, drawn up by the tax authorities, which can be downloaded from their site. These contracts are valid for a period of five years and have been drawn up by the various branch organizations for specific professions. There are three types of model contracts: general model contracts, sector or profession-specific model contracts, and individual model contracts. If you work according to a contract, then your principal will not have to withhold payroll taxes for you. This is not guaranteed, however: if the tax authorities come to the conclusion at a later point in time that you have not, in fact, been working according to such a contract, they may impose a retroactive tax bill.

The implementation phase of this new system will run until January 1, 2018.

Financial Aid and Deductions

The national tax office can tell you about the Tante Agaath-regulation, a scheme that makes it fiscally attractive for private persons to lend money to those who are setting up a business. Of course, you can approach a bank and see what they can do to help you, too.

When it comes to income tax, entrepreneurs enjoy an additional deduction over and above the levy rebate that every taxpayer has a right to every year of € 7,280, irrespective of the actual profits – though it may not exceed them. To this purpose you must prove that you spent at least 1,225 hours over the past tax year working for your own business (if your spouse works for the same company there are additional rules and possible deductions). Those who are starting up a new business (startende ondernemers) have a further deduction, subject to certain conditions, over the first few years of € 2,123. If you are disabled for work and start your own company, you enjoy a generous tax deduction during three of the first five years – subject to certain conditions that you can find on the website of the tax authorities. Furthermore, tax credits are available for investments made in cultural investment funds, green funds and socio-ethical funds.

Diplomas / Permits

Depending on the type of business you want to start, there are a number of diplomas you might need. For most types of businesses, however, no diploma is required. Furthermore, some businesses are subject to a zoning plan, or require a building permit, environmental permit or establishment permit. Before you start your business, you must make sure you obtain the required permits and/or diplomas, for instance by contacting your municipality.

You can ask at the Chamber of Commerce as to what specific (type of) diploma you will need and how or where you can obtain this. If you have obtained a diploma in another country, this diploma can be evaluated by IDW, to see whether it qualifies.

Free-Lancing

There are two ways you can go about free-lancing; either as a self-employed person or through an intermediary agency. In the first case, you can read about some of the rules that apply to you in these paragraphs; in the latter case, you are, in principle, treated as an employee of the intermediary agency for tax purposes.

By Diane Lemieux, co-author of the book The Mobile Life

In The Mobile Life: a new way of moving anywhere, we describe the process of moving abroad like an expedition. Parents on this family journey to an unknown land are the captains on the ship, each with their own role to play in the success of the mission. Your children are your crew.

We all know intuitively that you have a better chance of succeeding in your mission if your team members support the project: you want everyone rowing in the same direction, and with some level of enthusiasm. But it is never easy to move children from the world they know to a vague promise of a new life elsewhere.

Judging by the streams of happy faces in the international schools in the Netherlands, parents do a great job of helping their kids resettle. Sometimes, we aren’t conscious of the skills and techniques we use for helping our children adjust. Below are four skills borrowed from leadership theory that provide an approach to consciously supporting children through an international move.

1. Evaluate each child in terms of their motives, perspectives, needs and attitudes to the move. Each has different needs: the age and character of each child will influence how they react to, and how you can help them deal with, the enormity of the change they face with an international move.
2. Communicate openly with each child individually, and collectively as a family: explain the reasons for the move and the team’s common goal (which should be something like creating opportunities for everyone to have a good life at their new place). Describe the process of change that the family faces, being realistic with the fact that some aspects of the move are good, and others may be less so. Yes, they will miss friends, no, they can’t take their room with them. Most importantly, listen without judgement to their feelings, desires, hopes and fears.
3. Investigate your new environment, like you would explore a new planet, to find the activities that make each child’s life there worthwhile. What is special about the Netherlands that will make the experience of living here memorable for the rest of their lives? How will their new environment contribute to their growth and development as individuals?
4. Motivate your children by being a source of answers to question and solutions to problems. Help them be curious about their new home, and, especially with older children, stimulate them to take responsibility for the way they experience their life here.

Remembering that the family is a team also gives a role to children in the success of the expedition. Children are quick learners and may gain a good command of the Dutch language way before you do. They may get a hang of local habits and be able to explain things to you. Using the skills of this team-oriented approach to moving will avoid having a family member turn to you at some point and say ‘I am unhappy and it is your fault because I moved because of you.’ Children may not have control over the decision to move, but they can contribute to the choices about how to move and what the end result looks like.

For more tips and ideas buy the book at www.themobilelife.eu

Diane Lemieux has lived in 11 countries on five continents during which she collected 4 languages, two passports and several cultural identities. She is a journalist and author of four books including The Mobile Life: a new approach to moving anywhere.

This article was originally published in The XPat Journal Summer 2017 Issue

By Yolanda Bokhorst

I am often asked whether it is really necessary to draw up a will. Isn’t everything already arranged in the law? And when it comes to international situations, don’t we have the European Inheritance Act?

It is a mistake to think that national laws and the European Inheritance Act contain the optimal solution for each individual situation. General rules and regulations by definition do not take into account personal circumstances. Especially in international situations, it is important to draw up a clear will that states what is to happen should you pass away. This will help your heirs avoid a lot of hassle!

Reasons for Drawing Up a Will

1. Including or excluding certain persons
The law contains a certain order in which the persons you leave behind inherit from you. But that is not necessarily the way you want it to be. Sometimes you want your legally appointed heir to receive less – or nothing at all. Or maybe you want to leave something to someone who is not related to you.
Unmarried partners are not automatically heirs. You need a will to leave something to the partner with whom you are living, but to whom you are not married.

2. The position of married partners vs. the children
In the Netherlands, there is the so-called statutory division that applies to spouses and children. The longest-living spouse inherits all property and debts and the children must wait for that spouse to pass away before they get their portion of the estate. The surviving spouse can use up everything, as a consequence of which – for instance – all private property originating from the family of the deceased parent could be gone by the time the second parent dies. Aside from the fact of whether or not this is truly desirable, this system often leads to complications in international situations, as it is a typically Dutch arrangement.

3. Specific arrangements for property located abroad
If you have property that is located outside the EU, then – once you pass away – it is not always clear which inheritance law applies to this property. The national laws of the various countries can be conflicting.
With a clear will, you can determine what is to happen to your house or savings abroad. In practice, the settlement abroad will work out well if there is a testament that clearly states what your intentions are.

4. Appointing a guardian for the under-age children
Should both parents pass away, a guardian will have to raise and represent the children. In your will, you can determine whom this should be. You can also make a list of alternative options, should the initially-appointed guardian not be willing or able to take on the responsibility.

5. Appointing an administrator
An administrator manages the inherited wealth until the children or other heirs have reached a certain age. This helps avoid the situation in which the heirs gain control of the wealth at a very young age. In your will, you can appoint an administrator – and determine until what age of the heirs this will last. You can also determine what the authorities of this administrator are.

6. Fiscal optimizing
If you pass away while living in the Netherlands, Dutch inheritance tax will be due over your worldwide property and assets. Sometimes, property that is located in another country will be subject to inheritance tax in that country as well, which will lead to double taxation.
Though heirs owe inheritance tax in the Netherlands, there are also exemptions that apply to them. The amount of the exemption depends on the relation between the deceased and the heir.
In a will, you can make optimal use of the tax brackets and exemptions. This can help limit the amount of tax due.

7. Avoiding fiscal complications
The European Inheritance Act that entered into force in 2015 has led to a harmonization of the laws applicable to inheritances and their settlement. However, it does not cover inheritance tax. Every country will continue to apply its own rules on inheritance tax. And sometimes, the fiscal rules in one country do not take into account the rules on inheritance of another country. For instance, the Dutch rules on statutory division (mentioned under 2), sometimes result in higher inheritance taxes abroad. A will can help you avoid this type of situation, by declaring the statutory division not applicable and making other arrangements that do not result in this fiscal complication abroad.

8. Appointing an executor
When someone passes away, a lot has to be arranged. To help your heirs do this, you can appoint an executor. This will take a load off their hands. The executor can be a relative, a good friend or a professional executor. They can arrange the funeral, manage the estate, carry out the related administration and take care of the tax returns. They are responsible for the settlement of the estate, so that it can be distributed among the heirs.
Of course, the executor does not have to figure out everything on their own. In the Netherlands, the civil law notary not only draws up and issues the necessary legal statements; they are also an expert who is there to answer any questions the executor may have and to lead him or her through the entire process of settling the estate.

Would you like to know whether your will contains potential ambiguities or complications that can be avoided, and would you like to obtain more information on this topic? Then be sure to make an appointment with a civil law notary who specializes in international inheritance law.

This article was originally published in The XPat Journal Winter 2016 Issue

What constitutes ‘normal wear and tear’ when you move out of your house at the end of a lease period? Tenants and home owners can be unpleasantly surprised during their final walk-through to specify any damage caused to the rented premises.

I clearly remember Sam and Holly with their two dogs and three young sons. Six years ago I found them a lovely family home close to the beach for € 3,900 per month. It was a no-nonsense house, in good shape and very suitable for a young family. At first, the owner was apprehensive about the dogs and wanted a deposit of three months’ rent, but I negotiated the amount back to the standard of one month’s rent and included an extra clause in the contract that any damage caused by the dogs would be fully for Sam’s account.

Inspection Report

On the day the contract started, I made a detailed inspection report of the actual state of the house and took pictures of any possible defaults, i.e. nails in the wall, dents on the doors of the fridge, marks and smudges on the walls, stains in the carpets, cracks in the colored glass windows, patches in the grass, holes in the fence and so forth. The owner, a neat and elderly lady, introduced Sam to the property manager and all parties happily signed the inspection report. I felt confident that Sam’s deposit would be secured and reimbursed at the end of the tenancy. Of course he knew that he was liable for any damage caused by themselves and the dogs, but at least things would be clear and manageable. I could not have been more wrong. Six years later Sam called me in distress.
“Monique, I am leaving the Netherlands tomorrow and we had the final check-out with the owner yesterday. She will not reimburse my deposit and I have to pay an extra month’s rent. Is this possible?”
“Did you have a pre-check before your final check-out?” I asked.
“Yes,” he answered, “and nothing major came out. We had to make sure the house was clean and there were a few issues, but the property manager promised to take care of them for me.”
Formally, I don’t deal with check-outs, but Sam sounded quite stressed and I wanted to know what had gone wrong. I promised to meet with the owner and property manager the next day to find out what had happened.

The State of the House

As soon as I stepped into the house I remembered the beautifully-colored glass doors leading from the hall into the corridor. I had advised to have them protected at the time, but her agent had told me that the owner was not interested. The pictures we had taken took six years earlier, showed many small cracks, but now some of the panels were totally shattered. The kitchen counter had a burn mark on it. The contour of a round casserole was still to be seen. The carpet in one of the bedrooms had the exact imprint of an iron in the left corner. Some walls were dirty and the decking on the balcony shimmered with a green slime. The lawn showed big dark patches and I saw some broken tiles on the patio. However, the house was very clean, the oven sparkling, the curtains fresh and the wooden floor polished, although the owner pointedly indicated a few cracks. Fortunately, they were also clearly visible in the pictures I had taken six years earlier. Meanwhile the owner was in tears. She looked at me in shock.

“That is why I wanted three months’ deposit” she cried. “Look at my house, it is totally ruined.”
“Yes, there is some damage,” I replied calmly, “but can you expect a young family to live in a house for six years like staid elderly people? The children run around and play, they cook together in the spacious kitchen and most probably have a morning rush to get everyone to school and work in time. Accidents happen, even to normal people,” I smiled. “But never on purpose. If something happens, tenants pay for any damage they have caused, as long as it is reasonable.”

The owner walked over to the shattered panels of the colored glass doors. “Yes,” I agreed, “that can be a difficult repair, but please note that there were quite a few cracks in them six years ago.” I showed her the pictures on my small computer and she nodded her head reluctantly. “Without proper protection, these cracks can turn into damage and become normal wear and tear, especially after six years. Letting a house is never without risk,” I said firmly. “Tenants pay a fair rent and should be allowed to live in it rather that tiptoe around in their rented property.”

Reasonable Amount

She took me to the kitchen and sighed, pointing at the burned circle of the casserole. “Of course the kitchen counter top has to be renewed,” I responded to her gesture, “but you cannot expect a tenant to replace old for new. This kitchen is more than 10 years old. Sam should pay a reasonable amount of damage compensation towards replacement.”

Upstairs we went. The carpet with the iron burn had not been new when they moved in and had already been stained at the time. Fortunately, there was an extra piece of carpet stored in the cellar, which could be used to replace the mark in the corner. In this case a whole new carpet would not have been reasonable. Last, we ended up in the garden. The lawn needed new patches of grass and the broken tiles on the terrace could easily be replaced. I quickly summed up the damage in my head and expected it to be less than a month’s rent. After six years, the paint job on walls can clearly be considered wear and tear and the glass could possibly be claimed on the insurance. I had advised Sam to take out additional glass insurance at the time, because legally tenants are liable for glass breaking.

Deposit

The deposit is money that belongs to the tenant, but is paid upfront to the owner as a guarantee for payment should there be damage to the rented premises. This money cannot be used at random to renew items that were not new to start with. The owner has to provide an exact specification of the costs and be able to justify the claim. To be able to specify the damage, an inspection report at the beginning and at the end of the tenancy is legally required, but if a conflict arises it is doubtful that the tenant will be able to enforce his rights by law. It is simply a matter of common sense and a civilized attitude when it comes to specifying ‘normal’ wear and tear. Parties will have to settle on an amount of compensation that can be considered within reason.

In my opinion, the deposit should be held by an independent party, but unfortunately this is not legally required in Holland. It is not fair that a tenant should pay for a complete replacement of kitchen units or carpets, wooden floors and other items that would have been replaced anyway after a certain number of years. In that case, what is damage and what is wear and tear? And, most of all, who decides what is what? The law is quite grey in this matter and so was my hair at the end of the discussion with the owner and her agent. I asked for an independent quote on the work and we finally settled for less than a third of the amount she had claimed before. Sam was very pleased and the owner felt reassured, because a new family was waiting to move in next month. I negotiated with her agent that this time she would have to install protection for the colored glass panels once they had been repaired.

All’s well that ends well – thank goodness!

ABOUT THE AUTHOR

Monique Brans is founder of Quality Rentals