House left to me 4y ago with an exclusive right of residence to a non family member?

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seract

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Not sure how to ask this without rambling but think I need to give a bit of info first.

Aunt died 2yrs ago.Left house to me with a right of residence to a friend of hers who lived with her.

I done all that had to be done in relation to probate, deeds,inheritance tax which I am still paying of at the moment and will be for some time.

Aunt's friend has her own house which she does not live in herself but rents out.We have no relationship with each other and not likely to agree on much.

I myself have to rent a house and also pay back on the loan I took out to pay the inheritance tax on the property she lives in which is a big strain on me in this current climate.Now I know that none of this will change and accept that.

There is a double garage at the side of the house(but not attached) which could be converted into a flat type of accommodation for myself freeing me from paying rent where I now live.As I am hoping to attend collage in sept. this year I need to explore every way to lower my costs.

Now my question is:
Does right of residence just mean the dwelling house or the whole property?

To me it seems it is just the dwelling house that she has a right to live in and everything else is mine to do with as I please.

Here are the paragraphs from the will to which I make this assumption.Any thoughts or advice welcome.

I give devise and bequeath my dwelling house together with all furniture,chattels and contents therein to my nephew (me) absolutely subject to an exclusive right of residence therein of (her) for her lifetime without impeachment for waste.

I give devise and bequeath all the rest residue and remainder of my property wheresoever situate whether real or personal to which I am now or to which I may hereafter become entitled to my nephew (me) absolutely and I appoint him residuary legatee of this my will.
 
Re: Right of residence/Question

I am not a solicitor and my comments are based on what i think is common sense. I cant see why you can not go ahead and do what you say. Obviously you dont want to share living in the house with this lady. Her age would be a factor in your plans
 
Re: Right of residence/Question

mmmm good question......as you clearly know since her right of residence is "exclusive" you cannot reside in the house but it seems arguable that you could do what you are seeking. I've never come across it and I'm not sure its clearcut so if she wasn't happy about it you'd probably have problems with her - litigation etc. So it'd be a good idea to try to reach agreement - though hopefully you can get a firm legal opinion first.
 
Re: Right of residence/Question

Thanks for the comments guys.Was thinking about going for some legal advice but not so sure now.It was just a thought but from the response looks like it would not fly.
 
House left to me 4y ago with a "exclusive right of residence" to a non family member.

I own a house which was left to me about 4 years ago with an exclusive right of residence to a non family member.

This person has been living abroad for the last year. I have no contact with this person and don't know where they are but I keep an eye on the house because it is mine after all. This person is fairly old she could be sick or deceased for all I know.

Have I any right to have a key to the property to check inside as all contents were left to me also?

Do I have any rights at all ?

Is there any information I could read to on this subject ?

I am a college student and cannot afford to get legal advice.
 
I would think the wording of the other party's right of occupation (i.e. in a will or other legal document) would be important in working out whether you have a right to enter or carry out any works on the property.

Have you any contact with this person? Unless you have a bad relationship with him/her, I can't see a reason why they wouldn't allow you to maintain the property while it was vacant, it would certainly be in both your interests.

Ballage
 
If it's your property so you are entitled to a key.

Your local Citizen Information office will have a solicitor in, usually once a month, who will give free legal advice.
 
Thanks for the reply guys. I would not have had much contact with the person over the years and none since we sorted out the will. If I said she was a bit eccentric that would be putting it mildly. I have a friend that lives across the road and he said the curtains have not been pulled in 4 years.
Someone comes and cuts the grass but I have no idea if they have a key to get inside so I suppose the house is not been neglected.

rockofages you say if it's my property I am entitled to a key. Do you know this for a fact or is it an opinion.
 
Do this person pay you rent?
Do you pay the second home tax on the property?
Just wondering are you acting as a landlord for all the normal landlord activities, because landlord rights are very clear cut regarding entry to the property.
 
+1 what spreadsheet and the other posters have advised.

Property comes with a lot of responsibility for a "poor struggling student".
You may have to insure it, repair it, secure it and clean it up after a tenancy has expired.

In the present case the situation sounds iffy.
Impose the responsibilities of a landlord on a family member who on the face of the post above has littler or no clue about property, and the duties arise from a property from which they appear to derive no income?

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You need to establish your status, secure your position and understand your responsibilities.

1. Determine that your ownership of the property has been transferred in law.

  • How do you know its yours?
  • Was there a will?
  • Has probate been completed?
Get confirmation that you are now the registered owner.
Up until this point you may be labouring under some misapprehension.

2. Determine whether a schedule of condition, inventory of contents and photographic record of the property was made at the time of transfer of ownership.

3. Determine the exact terms of the ongoing tenancy and the reasons for it.

Its very unusual to let people stay in a house rent free although I know of one or two kind-hearted souls who have done so.
In your situation, property costs money to upkeep and maintain and unless the tenant is obliged to do this you will have to do it.
If you are obliged to do this under a formal tenant agreement, see if the costs can be re-imbursed from the tenant or at least shared.
If there is no formal agreement in place then be careful allowing anyone to establish rights on then property by allowing them to maintain it.

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You may need to take legal advice at this point to ensure that the tenant and their extended family are not putting in place conditions for an adverse possession of your property.
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 4. Discover if the incumbent is paying rent into an account - this may be your money - if its someone elses, you need to talk to them about your responsibilities and costs as a landlord.
However, if you are the owner and are getting paid money, whether you know it or not, this effectively you may be a landlord and may have duties and responsibilities towards the property, the tenant and your status.
I don't know the exact definition, but I'm sure it centres on something like "a person or company who is derives a rental income or lease payments from a property".

5. You are obliged to register as a Landlord AFAICR.

6. Here are some links you may find information and/or useful links.

http://www.irishlandlord.com/

First Time Landlord?
http://www.irishlandlord.com/index.aspx?page=infocentre_article_view&id=34

Private Residential Tenancies Board PRTB Explained
http://www.irishlandlord.com/index.aspx?page=faq&answer=16

Hope this helps.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
Let's no go over the top on this: a right of residence is not a tenancy.

OP, if the will under which the property was left to you has been probated by a solicitor, then it seems reasonable that you ask that solicitor to clarify for you what exactly your inheritance is. That clarification should include telling you the terms of the right of residence that has been granted.

There might be a question to ask about a right of residence if it is not being exercised. For that, even if you have only the resources of the typical student, you would need professional advice.
 
Just to clarify my situation guys.
The deeds of the house have been in my name for 3 years now,all inheritance tax and other debts paid to the government.

This is not a landlord tenant situation and although I own the house I neither get or am entitled to any rent.

I am a poor struggling mature student who is still paying off the loans taken out to pay the inheritance tax.

I don't own any other house although I am renting the one I live in so I wouldn't think second home tax applies but I could be wrong on that.

I know I should get professional advice but I just thought maybe someone might have known what rights I would have as the owner. It's a bit of a unusual situation but thanks for the replies.
 
seract said:

I don't own any other house although I am renting the one I live in so I wouldn't think second home tax applies but I could be wrong on that.
Click to expand...

I reckon you're wrong about that.

The property isn't your principal residence so you are liable to pay the NPPR .... and fines if you don't pay on time or let the payment fall into arrears.

From https://www.nppr.ie/

"[FONT=&quot]Essentially, a non principal private residence is any dwelling which is not used by its owner as his or her sole or main residence."
[/FONT]
 
The NPPR is arguable, as OP has not yet got possession of the property. The legislation is unclear on the point. It's probably wise to contact the Department of the Environment to discuss the question.
 
But he is the owner so I reckon he'll be liable for NPPR.

As you say the Dept. of the Env. will clarify things for him.
 
The principal thing you need to clear up is the exact terms of the right of residency i.e. what exactly was said in the Will. You need to establish the position re: the following:

1. Right of residency doesnt necessarily mean that the person with it is the sole occupant of the property. It may simply be that you can set aside a bedroom for them and rent out the other bedrooms in the property. Generally speaking, the rights tend to extend arrangements that existed before the owner died. In this case, was the person the sole occupant before the owner died? Or were they simply lodgers?

2. How long the right lasts for. Can the person dissappear to the other side of the world for 50 years and then return and demand to live in the property? Or is it that the right of residency lasts only so long as they are in permanent residence. If it is the latter and the person has been away for more than a year, then you could take it that they are no longer permanent reisdents and so have given up the right.

3. Usually with a right of residence, if the person holding the right is not currently exercising it, the property owner can do what they want with the property i.e. live in it themselves or rent it out to someone else. You need to clarify that this is the case.
 
Your first port of call is back to your solicitor to clarify exactly what type of residency exists.

Can't remember fully, but a right to live is like an ownership for the person living there, and they must act as an owner would. It's like an ownership in it's own right. And you would have no rights until the person dies. But clarify it with professional advice.
 
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