Can the site owner change the rules regarding pets?

• Wednesday, 11 November 2009
• Kathleen Retourne
• 0 Comments

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.

Graham advises
There seems to be two likely issues here.
You do not disclose whether you purchased your home new from the park owner or used from a previous occupier.
If new and you were not provided with any rules by the park owner, then no rules apply to you.
If you purchased a used home from a previous occupier and read the Agreement which states ‘site rules as annexed to the statement' then I'm afraid, from a contractual perspective you will be bound by the rules you did not see or seek to obtain.
This, I'm afraid is one of the follies of not investigating everything in detail when a park home
is purchased.
Changing site rules is another issue.
I have no doubt that since you are now scrutinising the Written Statement, you will have observed that the owner can only change the rules by following the provisions set out in the Written Statement.
Assuming there are rules in place and if he is changing rules arbitrarily without following the agreement then the changed rules will be invalid and challengeable. n