Can I sub-let my holiday home?

• Tuesday, 2 June 2009
• Kathleen Retourne
• 0 Comments

We moved into our park home two years ago and were the first occupants on the site. We made sure we signed an agreement with the site owner.
In this agreement, under the heading ‘Hiring/ Sub-letting’ it states: ‘The hiring out of your holiday home/ timber lodge is not permitted’.
After living there for 14 months, our next-door neighbours had a disagreement with the site owner and moved out. They currently rent their home and claim that this is with the site owner’s permission. They also claim that their contract was amended to enable them to do this.
We live on a small site and we imagined that we’d all have the same contract. We would like to know if the neighbours or the site owner are in breach of contract by allowing this as we are now faced with the prospect of a procession of different renters staying next door.

It would seem to me that you are occupying a holiday caravan on a recognised holiday caravan site and you are unlawfully using it as your main and only residence. There are clear dangers in occupying a holiday caravan as your permanent residence. It can never be recommended that anybody occupies a holiday caravan as a permanent residence with or without the park’s permission.
In relation to your question as to whether there has been a breach of contract by either your neighbour or the site owner, if both parties have agreed to the amendment in the contract then there can be no breach. However, if the site owner is being truthful in his statement that he would never allow your neighbour to sub-let the home, then assuming their contract is the same as yours, your neighbour would be in breach of their contract and therefore it would be down to the site owner to terminate it.

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