Can a park owner demand a survey is carried out on my home?

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

A friend’s residential park owner is demanding that a survey be done on his home. My friend does not want a survey yet and, when a survey is required, he would prefer to use a surveyor of his own choice.
But the park owner insists that he has a right to put in a surveyor to survey the home after giving 14 days notice and he quotes paragraph 14 of the new Implied Terms. Surely this cannot mean that the park owner can do anything he wants on my pitch just by giving 14 days notice?

 I note that your friend’s park owner is insisting a survey be conducted on your friends park home. You do not provide the valuable information relating to why the owner is demanding the survey. Without this crucial information and to adopt an analogy, it is a ship without a rudder: directionless. This response can therefore, by necessity, be only a bland academic regurgitation of the Mobile Homes Act legislation.
The owner would have a right to engage a surveyor to inspect the property so long as they have given the statutory 14 days notice in writing in accordance with Paragraph 14 of Schedule 1 to the Mobile Homes Act 1983. In view of the shortage of background facts and frankly, I cannot see any park owner commissioning a survey at his/her expense for no reason.
When distilled, your question more narrowly relates to the capacity of the owner to, “…do anything….” on the pitch having given the statutory 14 days notice in writing in accordance with the provisions of Paragraph 14. Paragraph 14 states the owner may enter the pitch, “…for a reason other than one specified in Paragraph 12 or 13….”. In my view, outside the reasons given in Paragraphs 12 and 13, any other legitimate reason in context for entry is caught by the provision.
Clearly, any irrelevant reason given in the 14 day notice can be challenged, certainly as a breach of the quiet enjoyment provisions.

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