Can we live in our holiday home?
Would it be unlawful to purchase a holiday lodge with a 10 month licence and, in compliance with the terms of the licence, occupy it for only the stipulated term?
We are considering buying a superb lodge manufacturered to BS 3632 as our main residence and living elsewhere for the six week closure period.
We will, of course, pay council tax and the site owners have guaranteed that the contract they draw up will offer the same legal safeguards as one drawn up in accordance with the Mobile Homes Act 1983. The show lodges we have seen are certainly of good quality construction. It’s just the legal position vis-a-vis the site licence we’re concerned about.
Should we pay for sewage maintenance?
Should we pay for sewage maintenance? Our park owner has been charging us, since late 2007, £13 a quarter for sewage maintenance as beside the pipe-work we have a pump which pumps the sewage from the park up to the main sewer.
Some residents, who were new to the park have just paid this extra fee, without question but other residents have refused to pay as there was no negotiation between the owner and the resident’s and also they consider that this is already paid in the pitch fee.
Can the park owner insure the pump against breakdown? And if so, why should every household on the park pay this amount each year?
How can I make the park owner carry out repairs?
Our park owner promised to have both the main road and the rear footpath repaired to a safe standard.
Despite our patience, nothing has transpired and consequently one of the senior residents tripped and badly hurt an ankle.
I felt that the rear path and main road was a health and safety issue and contacted our area’s health and safety officer who agreed.
However, six months passed and still nothing had been resolved, so I wrote a strong letter to the chief health and safety officer.
A letter was then sent to the park’s management giving them two weeks to begin maintenance.
The park’s sales manager then contacted me to confirm this was the case and I used this opportunity to explain that alongside this, one of the residents had complained about a bad smell of sewage.
When I lifted the drain I saw that raw sewage had blocked up the pipe and I used a high jet hose to clear it.
The sales manager said that one of the park’s maintenance team was a plumber and that he would check it out when they came to fix the roads.
When the team arrived, I showed them the pipe and they said they believed it was fractured but without an order number from the park management he would not be able to repair it.
When I called the sales manager he told me it was not a health and safety issue and hung up the phone.
I have since received a message from the park’s management team saying they believe I broke the sewage pipe in retaliation for the previous road issues.
Do we need to insure our residents’ association against public liability?
Do we need to insure our residents’ association against public liability? We have formed an association with a legal constitution and committee and at this stage everything is running OK. How do we stand with regards to insurance? Our site is owned by the local council and the council has asked us to look into insuring ourselves against public liability as they are not entirely happy with the present situation.
Do we need to insure our residents’ association against public liability?
Do we need to insure our residents’ association against public liability? We have formed an association with a legal constitution and committee and at this stage everything is running OK. How do we stand with regards to insurance? Our site is owned by the local council and the council has asked us to look into insuring ourselves against public liability as
Are we legally liable for sewage costs?
Our park owners demand that existing residents pay the costs of the sites sewage plant, these include legal and servicing costs plus electricity.
While the residents’ association feels that we should pay these ‘running’ costs my query is:‘Are we legally liable or responsible for such costs?’
Incidentally, the residents’ association and its members have refused to pay for the plant and its construction costs.
Finally, are residents allowed to erect a ‘for sale’ notice in their gardens?
How do we find out how our water bill is calculated?
How do we find out how our water bill is calculated? Our water is supplied via a single meter and the bill is then divided between the residents (charge of one person to single occupancy homes and two persons for double occupancy). Despite repeated requests, we do not get a copy of the bill to check our charges against, nor do we get our bills at regular quarterly presentation. It is sometimes three, four or even six months.
However the cost has escalated to the point where we contacted the water board to query for leaks and charges. We were told the average local domestic charging for our area and paid this amount. The water company has also inspected for leaks and the possibility of installing water meters, although that will depend on the park owners.
We then received a letter from the park owner stating that the outstanding amount be paid within 21 days plus interest for any extension on this time. This deficit is caused by the difference in what he was billing on the initial disputed bills and what the water board said the average was for this area.
On checking the bills we then saw that he had actually been credited for leak adjustment, which was not passed on to us.
The second query is on his demand for interest on what he claims is the outstanding amount.
Could this - because it is a disputed amount without any attempt on his part to resolve - be considered as him making interest on the water charging, which we understand to be illegal?
Can my site owner deny me the right to TV reception
My site owner provides a normal terrestrial TV aerial for the dozen homes on our park but this is not sufficient for digital reception. The owner recently wrote to home owners saying he would upgrade the aerial for a payment of £65 per home. Only one other resident and I agreed; the others declined arguing that they already had Sky TV and did not need another aerial.
The site owner forbids residents from erecting their own terrestrial aerials so, if I want Sky or Freeserve, I will need to get a dish. The only suitable spot for a dish on my plot that gets good reception is at the front of my home, slightly to one side and this would be visible from the site road. Anywhere else around my home is blocked by trees.
The site owner says that such a dish needs to be concealed by bushes. This would block reception. I would also need to get the green light from other residents for the dish.
Can my site owner deny me the right to TV reception?
Can the site owner change the rules regarding pets?
Q I would be obliged if you could clarify an issue in respect of changes to site rules. When we first took up residence at our park it was made clear to us, and indeed it was one of the reasons we selected the park, that pets were allowed: both cats and dogs. Specifically, we were informed that one small dog per property was perfectly acceptable under the site rules.
Subsequently, the site owner has stated that when dogs die they cannot be replaced and he is no longer allowing new residents on the site to have dogs.
In respect to the Written Statement under the Mobile Homes Act 1983 provided to us it makes reference to ‘site rules’ as annexed to the statement – no such ruled have ever been provided in writing, but it was made clear at the start of our residency that we could keep one small dog (this was understood by all residents at the time to be one of the site rules and the site was advertised as such). At no time has the site owner given us a copy of any new site rules or advised that he intended to change the current rules.
Why, upon selling up, do we have to pay the park owners 15 per cent commission?
Q I bought my holiday caravan in 2005 which was purely a holiday agreement signed by myself and the previous owners. The caravan is currently on the market for sale as it was the worst thing I could have possibly entered into with the current park owners. Why, upon selling up, do we have to pay the park owners 15 per cent commission? This is a lot of money of which I will not see the result if I sell.
It seem seems that the owners have all the rights and we have no say. My issues are:
On one side the caravans are residential. In our field of seven, all are occupied all year bar November when we all have to be out. Why is this?
Why, if we have just a holiday let, can we not sub-let our own static caravans?
The owners said that the 15 per cent commission was for park development. They do hardly anything - it’s a complete rip off.
In the summer campervans and tents also hook up, while there is not enough provision for rubbish and the park is overrun with rabbits.
I have no path to my caravan. Surely this is something the owners pay for?
