Do I have to sign the amended written agreement?

• Thursday, 14 January 2010
• Kathleen Retourne
• 0 Comments

My park owner sent me a written statement plus a couple of documents with amendments to it. Are these documents legally binding and can I assign these to a new buyer?
For about a year my park owner has made it quite clear that I should sign his version. In the last letter I received from his solicitors they stated that they believe my written statement does not contain any of these updates.
I have tried many times to sell my property without success and of course I want any sale to go smoothly and quickly. Do I really have to make these changes?

Graham advises
It appears that you possess an old style British Holiday & Home Parks Association (BH&HPA) Written Statement i.e. pre 2004.
Written statements are akin to the logbook of a car. Therefore, the original agreement which was provided when the home was new is the agreement which survives changes of ownership of the home and indeed the site. Section 3 of the Mobile Homes Act 1983 provides that an incoming buyer of the home takes on all that is contained in the existing (your original) agreement. Changes to the law in 2004 and 2000 did not require new statements to be issued by the site owner. Indeed, it would be completely unlawful for him to do so. New legislation in 2004 and 2000 is implied in every Mobile Homes Act statement and such changes apply whether part of any written agreement or not.
From the contents of your letter, it appears the owner's solicitors have little idea of the relevant law.
Whatever you do, make sure you do not accept any new agreement.