Who is responsible for removing a meter in my shed?
I informed my site owner of my intention to remove my old wooden shed. I did not want to replace it and asked him to remove his coin operated electric meter, which was attached to the frame of the shed to avoid any possible damage.
After 30 days had elapsed I was told the responsibility of returning, removing and relocating the meter was down to me. His solicitor said it was ‘a point of law’ and that the site owner was not liable and I would have to pay all charges related. They stated that the Mobile Homes Act and New Implied Terms do not mention an owner’s responsibility housing a meter.
The shed in question was a separate base approximately 3ft away from the mobile home therefore the cables come from the meter to the home.
Can you tell me where it states in writing that I am responsible for the housing and safety and the cost of this meter.
Also, our site owner has never produced an electricity bill or worked out each individual’s cost per unit. He also refuses to tell us the provider. There is no certificate to show electrical safety on the noticeboard.
Finally, I reported a water leak which has appeared to lead to a huge rise in water going through the meter.
The site owner’s wife suddenly saw a huge leak above the ground and the owner has attempted to ‘mend’ this. The water puddle had been visible for over a year. We have been told we still have to pay for this water. Who is actually responsible? Can we ask for a refund? Can we force the site owner to maintain the site? Nobody on the local council listens. Our bills are around £140 each, every six months, for 14 residents.
If management do not repair site, can we sue?
My wife and I are both in our 70s and are not as sure footed as we were. The management here supplied grit boxes around the park, which it seems down to us to put on the roads and drives.
We do not have a car so we do walk about a lot. What I am asking you is, if at any time we have an accident do we stand a chance of suing the park site’s management team?
Who is responsible for our bathroom?
Q We bought our new park home 18 months ago. However, we have had no end of problems with our bathroom, including leaks. It now needs to be dismantled and we need another one installed.
This whole matter has caused no end of worry and upset. When we purchased and moved into our park home we thought that everything was new and we would not be facing any replacements for many years. Both my husband and I have ongoing health issues and really do not want all this hassle. I do feel however, that there is a principle at stake here.
Do I have any grounds to sue for preventing the sale of my property and making defamatory remarks?
When I purchased my park home I paid over the odds for a used home as it was larger than average and custom-built for the original site owner. The site owner at the time said I could only purchase it if I promised to keep it in its original condition as he considered it his show home. Not only have I kept this promise but I have spent a lot of money on improvements. He also assured me that as long as I showed him the plans and chose a reputable builder I could extend the existing porch.
Out of the blue, the owner sold the site. When I finally submitted the plans to the new site owners they refused permission. At no time was I ever told that this porch was illegal and should come down.
Earlier this year I decided to sell and advertised my property with an estate agent. The new park managers were soon telling me that unless I did as they said I would be unable to sell my home. Mainly that a survey was required and that the money from the sale must initially go into their account. I must say it was all amicable and there was no intimidation. I replied that I could see the point of a survey - but at the buyer’s request not mine - I still wanted the money in my account.
When I had a prospective buyer the site manager informed the purchaser that everyone on site would be getting a letter telling them to take their porches down and that all sales should be conducted through him and I was selling illegally.
He further stated that residential cars would have to be removed from the visitors’ and residents’ car parks, as two new homes were to be erected there. In this case the two sites he refers to are already next to the car park and no way would the car park have any more put on there as there are already at least 12 vacant plots. Apparently, the site manager also told my perspective buyer that the homes being built would obscure any views from my property. He also stated that that paved area leading to the front porch does not meet the council’s requirements and mentioned that the timber sheds were not acceptable due to health and safety.
When I approached the management they said they were unaware that this had been going on and they had no objection to me selling the property. I now find out that one of the managers had actively assisted friends in the sale of their property which also has a large porch and even advertised their property on the park noticeboard.
While the site manager obviously wants to promote the sales of the homes on the park, possibly because he gets commission, he has no right to discuss my property with a prospective purchaser. I have also been advised by four other residents he uses my garden as a right of way and has been seen to encourage others to do likewise. Surely this is trespassing?
Do I have any grounds to sue for preventing the sale of my property and making defamatory remarks?
Whose responsibility it is to pay for/have a faulty unit replaced?
We have a problem with a faulty exchange heater/water system. The problem was notified to the site owners and lodge manufacturers shortly after taking occupation of the unit, but it took them six months before they reacted, despite reminders.
However, what seems to be muddying the water now is that it was an insurance replacement unit. Our original unit was destroyed in the floods of 2007 (there was never any problem with the exchange heater in the original unit). Nobody wants to accept responsibility for the cost of replacing the exchange heater, which has malfunctioned intermittently and despite many visits by the boilermakers we still have a problem, over 12 months after the first notification.
We are being told that as it is now out of warranty, we will have to pay £120 per service visit. Can you tell me whose responsibility it is to pay for/have the faulty unit replaced?
I have been to Citizen Advice Bureau but they are uncertain who I should be pressing to deal with the matter.
I have held back some money from the site owners, relating to the cost of ‘extras’ we ordered. If you indicate it is they who should be rectifying this, can I deduct the cost of replacing the system from what I owe them (having given notice of my intention to do so)?
Finally, when we come to sell the unit, if we go through the site owners, do we have to pay VAT to them? If so, why? If we sell it ourselves, I am assuming we would not have to charge any VAT to any purchaser?
Is there a presumption that the RPI is not applicable when negative?
By law we understand the site owner can maintain the pitch fee until the Retail Prices Index (RPI) becomes positive, but this means a loss to residents as it has not been reduced. It also means that the site owner starts from a false base figure later on. Can the residents initiate the pitch fee review and reduce it by negative RPI? Or later when the site owner proposes a new pitch fee, can we disagree and reduce it by the negative percentage backdated to previous review date?
Are there any examples of the large site owners proposing new pitch fee reviews reduced by negative RPI? If so, it would give a strong indication that they believe a reduction should be given.
Is there a presumption that the RPI is not applicable when negative? If so, could this be argued under ‘relevant matters’?
Can engineers enter my home without my knowledge
A week or so back the meter reader came to read my electricity meter which is housed inside my park home. The cupboard which housed it had a broken catch which had been like that for a few years. I was therefore surprised to discover that there was no longer any damage and realised that it was a different, although not new, cupboard.
It appears to have been rewired and I am seriously concerned as they would have had to climb over one of my two locked gates and the fuse and junction boxes are at the back of my wardrobe where I keep my personal belongings. The person doing this work would have gained access through the back of the cupboard and there are now large loops of wire in the wardrobe and the covering panel has been moved. What does appear to be dangerous is that a separate wire which serves five sockets in my garden has been replaced with lightening wire.
At no time did I receive notice about this work and if I had not been there when the meter was read I might still not have known.
I have contacted both electricity companies, the park owner and the meter reading company and all deny any knowledge and I don’t know what to do next. I am desperately worried about the trespass and what I feel is breaking into my home and I now feel very insecure. Everybody I have questioned on the park says they saw nothing.
How can we make the site owner obey his own rules?
We live on a park with a strict age policy of residents being 50 or over. The owner of the park does, however, have a park home on site with a partner and their children.
As clearly stated in the park rules, the owner’s family should not be resident on the site as they do not fulfil the criteria. By doing so they are preventing residents from ‘quiet enjoyment’ of their homes. It was never directly mentioned to residents when buying their home and one couple were actually told the family did not live there.
We are ruled with a ‘rod of iron’ and our every move is watched.
The owner’s partner leaves equipment scattered all over the site, although site rules state that this is not allowed. Is this something we simply have to put up with?
When purchasing our homes we were all told that there would be electric gates and a brick wall at the front of the park but these have not transpired and the entrance floods in heavy rain.
One resident is also still awaiting a block drive. The site owner has stated this will only be done when further homes are installed. Is the resident obliged to wait even longer or can the owner be forced to provide this?
Residents have reported sewage smells in their homes, which were present when they moved in, but the owner has done nothing. Does this constitute as a health hazard?
We feel absolutely powerless and the site owner and family are rude and aggresive. We have all paid a great deal of money for our homes and feel grossly misled by false promises. Can anything be done to alleviate our intolerable situation?
Do I have to sign the amended written agreement?
My park owner sent me a written statement plus a couple of documents with amendments to it. Are these documents legally binding and can I assign these to a new buyer?
For about a year my park owner has made it quite clear that I should sign his version. In the last letter I received from his solicitors they stated that they believe my written statement does not contain any of these updates.
I have tried many times to sell my property without success and of course I want any sale to go smoothly and quickly. Do I really have to make these changes?
What council tax banding should my home fall under?
Why do the majority of councils charge council tax band A for residential park homes across the country, and yet some others charge council tax B?
I am aware that although a residential park home is a chattel, council tax still has to be paid but I would have thought that they would all be banded at the same level – band A.
Is there a chance of changing a banding level? Is there a template letter or a way of wording a letter to be clear about the reasons for the change?
