Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. It is only correct to say that a resident co-owner of property should pay rent to another non-resident co-owner of property if the non resident co-owner is prevented from living there or is prevented from putting in a tenant to live there in respect of her one third share. Otherwise if the non resident co-owner is not prevented from living in her property, nor is she prevented from putting in a tenant to live in what represents her one third share, then there is no rent due. Just because one co-owner resides in property, this does not mean that rent is due to another co-owner. In law each co-owner is allowed to live in the co-owned property. It is only where there is a limitation on this right by another co-owner that there is rent due. So, here the non-resident sister is incorrect in her attitude unless she is either prevented from living in the property or is prevented from putting in a tenant to live there.
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