Rent Allowance and Houseboat: What to Do?

Questioner

Hello, I have been renting a ship from a housing association since 2010 and now I have to move out. The housing association wants to sell the ship because it cannot move out. I have received rent allowance since 2010, it is 2015 and I have received a message from the tax authorities that I have to pay back 2 years of rent allowance. In 2013 the law changed for allowances for boat residents and now I have to pay back almost 1700 euros. I have had to apply for rent allowance every year, annual statements, bank statements, etc. I was not informed that I would no longer be entitled to rent allowance? I think that I should have received a letter about the changes for me as a tenant? So I knew nothing and now I have a debt while I could not do anything about it. It has multiple consequences, because I have to move and I get a home where I would be entitled to rent allowance, then the tax authorities will first settle the debt. This means that I will then hardly be eligible for a home because I cannot afford it. What should and can I do???????????????????????????

Lawyer

The tax authorities should have informed you in advance that there are legal changes that apply to you. Unfortunately, the practice turns out to be very different and it is difficult to object to it. The possibility to object to this is possible.

Lawyer

Only in the case where the houseboat is nailed to the bottom, by means of brackets and poles, is rent allowance possible. This extension to offer allowance to the tenants of a floating home is quite recent, but the other rule, no allowance for a houseboat or ship, has always been like this. So I wonder why you were granted allowance at all? The rules as they apply now can be found here http://www.taxdienst.nl/wps/wcm/connect/bldcontentnl/ tax service/prive/toeslagen/huurtoeslag/huurtoeslag_2014/voorwaarden_2014/zelfstandige_woonruimte What change is the service invoking?

Questioner

Hello, Thanks for the responses to my question. It is still unclear to me what is the best thing to do now. I feel like the tax authorities should have informed me. But what is the best path to take?

Lawyer

Always file an objection and state all your arguments, including that the service should have informed you itself. I can help you draft the objection.