Right of residence issues

A

atlanticway

Registered User
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Hi my elderly neighbour has right of residence to his partners house. The partner specified in his will the right to this mans own death to reside in this house. After my neighbours death his partners family get possession. However he has no privacy as the family call in unannounced and just stroll around the house. They maintain the house is actually their house and they let him stay. I have advised him get legal help but he's too frightened. Yesterday he was in the bathroom and they just walked in. Anyone able to confirm that they have no right to do this and he can change locks thanks
 
They sound a charming family.

All the following need to happen at the same time in my view

1. Solicitors letter
Include harrassment details and injunction if harrassment continues.
2. Locksmith
Change all locks and include security measures to side gates, downstairs windows etc
3. Notifiy Gardai
Vulnerable person living alone being subjected to harrassment.

If that seems over the top, you need to consider the family will ratchet up their activity which is clearly designed to have this person leave so they can get possession of the property.
 
Thanks so much as it's an area I know nothing about but seemed so wrong. I will help him change locks etc.
 
atlanticway said:
Hi my elderly neighbour has right of residence to his partners house.
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Thirsty said:
2. Locksmith
Change all locks and include security measures to side gates, downstairs windows etc
Click to expand...

I doubt this would be within his rights.


A right of residence does not exclude others rights in a property. While obviously you cannot get proper legal advice through AAM, I very much doubt from the above that this person has any right to exclude the family from the house, certainly not to change the locks.
 
cremeegg said:
I doubt this would be within his rights.


A right of residence does not exclude others rights in a property. While obviously you cannot get proper legal advice through AAM, I very much doubt from the above that this person has any right to exclude the family from the house, certainly not to change the locks
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You are saying right of residency means it's not his home for life? Even a landlord cannot just walk in unannounced? Please explain
 
On the contrary @cremeegg I believe the right of residence includes peaceful use, also includes maintenance, utility bills etc.

So securing the property is well within the interests and rights of the resident.

The family are entitled to the property after his death; they have no entitlements until then.

Their actions indicate, on the face of it, that they are trying to intimidate the resident.

They are certainly not offering to clean the house or cook meals for this elderly person...
 
Thirsty said:
On the contrary @cremeegg I believe the right of residence includes peaceful use, also includes maintenance, utility bills etc.

So securing the property is well within the interests and rights of the resident.

The family are entitled to the property after his death; they have no entitlements until then.
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I think you are confusing a 'life interest' with a 'right of residence'

atlanticway said:
Even a landlord cannot just walk in unannounced? Please explain
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With a 'right of residence' the family in the question are more like the other tenants in a shared house rather than the landlord.

Of course this is all second hand speculation, and proper legal advice should be obtained.
 
The only real difference from the residents point of view (leaving aside any tax issues) is whether or not the right of residence is exclusive; and for that you'll need to check the wording on the will.

In any event, it would be my view that this elderly person is clearly being intimidated and is entitled to take steps to prevent that.
 
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