Granny Flat

Z

Zooropa2017

Registered User
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2
Hi All,

My mother recently used to live in a self contained granny flat on my property.

However, she has recently moved into a nursing home and means no longer resides in the granny flat.

The house is adjoined to my property but it is a separate dwelling with its own front door etc. But legally under the land registry the house is registered as part of the main property and on my land. And was orginally built as an extension so no right way or separate entrance to the main road only through my property. My parents didn't not pay rent but paid for the upkeep of the granny flat.

My daughter has recently moved into the granny flat. Unfortunately my siblings are insisting that she should pay rent for living there. Does anyone know if she is legally binded to pay rent given the above circumstances? Please note my siblings have no ownership of my properties and the granny flat is willed to me in writing.

Thanks
 
Zooropa2017 said:
Please note my siblings have no ownership of my properties and the granny flat is willed to me in writing.
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If I read your post correctly ... you own the land and the flat (as all one dwelling) .... that being the case your siblings have no right to say what you can and can't do with it.
 
Why are your siblings getting involved? Are they concerned that your daughter is taking advantage of you?
 
There is no obligation to pay rent, indeed, in the vast majority of cases, it would be illegal to collect rent for a granny flat.

In most cases, the following condition or a variation is attached to planning granted for granny flats:

The proposed ancillary family accommodation shall be incidental to the enjoyment of the principal dwelling on site. It shall not be separated from the principal dwelling by lease or sale. Once the accommodation is no longer required for ancillary accommodation purposes, it shall revert back to being part of the original family house. Reason: In the interests of the proper planning and development of the area.
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Zooropa2017 said:
My mother recently used to live in a self contained granny flat on my property.

.... and the granny flat is willed to me in writing.
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This bit does raise some potential issues.... If this flat is on your property, how can it be willed to you? Did your mother pay for its construction? How long ago was it constructed?
 
Leo said:
This bit does raise some potential issues.... If this flat is on your property, how can it be willed to you? Did your mother pay for its construction? How long ago was it constructed?
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That's what I was wondering. If the unit is part of the OP's property can it be willed to them? As the mother is still alive the Will is meaningless anyway.
Zooropa2017, did your parents pay for the construction of the Granny Flat?
 
Is this some sort of metaphor for the national Maternity Hospital ?

The granny (state) built the flat, the OP (nuns) owns the land. The siblings, (people) object to how it is being used.

If the siblings paid for the construction of the flat they are well out of pocket. Just like the taxpayer !
 
Hi All,
To answer some of your questions. No siblings are more concerned about their own inheritance in terms of money left after she passes away.

Yes they paid for the construction of the granny flat.. which was build over 20 years ago now.
 
Why would your daughter living in your property have any impact on any future inheritance they may receive from your mother?
 
Unless provision was made at the time, your siblings have no entitlement to the granny flat. Your mother has no ownership of it, and so any clause in her will bequeathing the flat is meaningless.
 
Zooropa2017 said:
My daughter has recently moved into the granny flat. Unfortunately my siblings are insisting that she should pay rent for living there. Does anyone know if she is legally binded to pay rent given the above circumstances? Please note my siblings have no ownership of my properties and the granny flat is willed to me in writing.
Click to expand...

So you agreed to allow your parents to construct for themselves a granny flat on your property. They used it for 20 years. You got zero benefit from it. But as it's on your land you own it. Even if it's now being 'willed' to you.

Why did you parents want to live near you? Did you help them out for the last 20 years. I see no reason for your siblings to have any say in this property whatsoever and frankly you need to hit this nail on the head now and tell them it's none of their business as:

- you've allowed your parents to build on your property
- your parents had the benefit of it for 20 years
- your parents had you helping them for 20 years
- they've willed it to you
- it's better there's someone in it rather than it being empty
- presumably you don't want a stranger in there

Who do your siblings think your daugher should pay rent to? Is this all of your siblings? Seems they think somehow this property is your mother's.
 
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Is there some shortfall in the nursing home expenses that we are not aware of?
I don't think there is a case to be made for the paying of rent.
But perhaps some contribution towards the nursing home expenses if they are being borne\shared by the family?
 
Was your house originally your parents family home and your mother still has some legal interest?

Was there any legal agreement when your parents paid to build the granny flat?

What exactly do your siblings thing they will be inheriting?
 
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