Can our park owner cut our water and electric suppplies?

• Friday, 14 August 2009
• Kathleen Retourne
• 0 Comments

We bought a park home on a holiday park, knowing that it only had a 10- month licence, on the promise a 12-month licence had been applied for. One year on, we still do not have a 12-month residential licence. We then received a letter saying that, to enable the park to gain residential status, they needed separate water and sewage charges from the ground rent. The water charge increased, but as far as I know the owner has not asked any of the other homeowners for extra money. We refused to pay the increase but he threatened to cut the water and electric for the whole park, so we agreed to pay one month’s water charge. Where do we stand?

Graham advises:
You should never buy a holiday caravan to occupy permanently if you know the licence issued by the local council is restricted.
   Sometimes, the owner promises that the planning permission with the local authority is being sorted. In this case, you should check with the planning department before you buy the home.
Did you get a written agreement? This is the other abuse which often follows. In effect, the owner wants absolute control over the holiday caravan occupiers so, if there is any rebellion, he simply terminates the annual verbal licence agreement.
Whichever way you look at the circumstances, you have been, as you say, ‘conned’ out of your money and your security. If publishing this replies saves someone from following you on to your park, it will have been worth it.  
The likelihood of going from 10-month occupancy to 12 is remote. I say this without even checking with the local authority.  
Even if the licence is extended to 12 months, there are still no permanent residential occupation rights and local councils put conditions in licences which prevent this risk.
Secondly, to cut off the power and water supply to your caravan will be a criminal offence.
However, it is the local authority who has the power to enforce this and it would mean that you will have to disclose your predicament to the council who will then be alerted to your breach of the site’s holiday-only licence and indeed, no doubt, the planning consent.
You and the other occupiers are in a very difficult and weak position. However, it may not be beyond reversing the tables on the owner.
The position you and other occupiers find themselves in may not be irredeemable.
I say this, subject to further investigation. It’s possible we might be able to find some solution.