Right of residence

[sch]

What are the responsibilities with regards day to day maintenance of a property when someone has right of residence in a property. My mother in law signed the family home over to my husband and she has right of residence in the property. We are renting a house elsewhere and do not live in the property. What is my husband responsible for? My mother in law thinks she should just live there and pay for nothing. She thinks he should pay to get the chimney cleaned, she's the one using the fireplace. She expects him to mow the lawns, cut the bushes, weed the garden, spray weed killer. I should mention that she let her other son move in after the house was signed over and right of residence put in place without consulting my husband. He has refused to do any gardening etc because the house wasn't left to him. She won't do any day to day maintenance either because she says it's not up to her now because it's not her house. If a handle falls off a drawer she thinks he should buy and replace the handle. If a light bulb needs replacing she rings my husband expecting him to go buy one and change the bulb. Her latest one was that she fancies changing the colour of all the walls in all the rooms in the house and she thinks he should buy the paint and paint the whole inside of the house at his expense. The rooms do not need painted it's just that she wants a change of colour. Surely my husband is only responsible for making sure the roof isn't leaking and the house doesn't fall etc not the day to day maintenance of the property?

 

[Vanessa]

Firstly I would say that as the owner of the property your husband is responsible to pay the LPT. It is then at his own dIscretion whether or not he wishes to have the house insured. I certainly would advise that he insure the building and have contents insurance to cover his own property. ( This would also include a third party element to cover others living or visiting from an injury point but not theft of conents)
As the mother has a right of residence and no rent she certainly would have no entitlement under Tenancy laws)
I would say that it is in his own interest to do jobs like garden maintenance and any matters that if unattended would damage the house e.g. roof leaks, dampness etc. However as for internal decoration, minor repairs, changing bulbs I would leave that until he is happy to do so. There must be some reason as to why she signed over the house to your husband rather than to your brother or did not include him as having a right of residence. However in the absence of it he does not have a right of residence. I am not sure whether or not he could establish a right of residence if you knowingly allow him to remain there. I would recommend getting a solicitors advice on that. It may prevent a lot of trouble when his mother passes on.

 

[Feemar5]

Your husband needs to consult a solicitor - I can't understand how a right of residency for your brother-in-law was put in place after the house was signed over to your husband - how long does he have this right for? Right of residency reduces the value of a property should you decide to sell after your mother-in-law passes on. In the normal course of events I think your husband would be responsible for the general upkeep of the property but I think he should inform her that if she wishes to change the colour of the paint he has no objection but he will not be doing it.

 

[Seagull]

Just make sure that the brother isn't acquiring rights by way of living there for an extended period.

 

[Jim Stafford]

Firstly I would say that as the owner of the property your husband is responsible to pay the LPT.

if the MIL is expected to live another 20 years then Revenue could assess her for the LPT. (It is not much of gift to a son if the son has to pay LPT for 20 years.)

Your husband needs to consult a solicitor

Agreed. People get confused between a Right of Residence and a Life Interest. You need to examine the title documents to determine what her rights are, and if your husband is responsible for any maintenance. If your husband has to maintain the property then its valuation is reduced for CAT.

if the MIL only had a Right of Residence, your husband could technically rent out rooms to tenants (and technically the MIL might be able to sue her own solicitor for allowing such a possibility.).

Jim Stafford