Do I have any grounds to sue for preventing the sale of my property and making defamatory remarks?

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

When I purchased my park home I paid over the odds for a used home as it was larger than average and custom-built for the original site owner. The site owner at the time said I could only purchase it if I promised to keep it in its original condition as he considered it his show home. Not only have I kept this promise but I have spent a lot of money on improvements. He also assured me that as long as I showed him the plans and chose a reputable builder I could extend the existing porch.
Out of the blue, the owner sold the site. When I finally submitted the plans to the new site owners they refused permission. At no time was I ever told that this porch was illegal and should come down.
Earlier this year I decided to sell and advertised my property with an estate agent. The new park managers were soon telling me that unless I did as they said I would be unable to sell my home. Mainly that a survey was required and that the money from the sale must initially go into their account. I must say it was all amicable and there was no intimidation. I replied that I could see the point of a survey - but at the buyer’s request not mine - I still wanted the money in my account.
When I had a prospective buyer the site manager informed the purchaser that everyone on site would be getting a letter telling them to take their porches down and that all sales should be conducted through him and I was selling illegally.
He further stated that residential cars would have to be removed from the visitors’ and residents’ car parks, as two new homes were to be erected there. In this case the two sites he refers to are already next to the car park and no way would the car park have any more put on there as there are already at least 12 vacant plots. Apparently, the site manager also told my perspective buyer that the homes being built would obscure any views from my property. He also stated that that paved area leading to the front porch does not meet the council’s requirements and mentioned that the timber sheds were not acceptable due to health and safety.
When I approached the management they said they were unaware that this had been going on and they had no objection to me selling the property. I now find out that one of the managers had actively assisted friends in the sale of their property which also has a large porch and even advertised their property on the park noticeboard.
While the site manager obviously wants to promote the sales of the homes on the park, possibly because he gets commission, he has no right to discuss my property with a prospective purchaser. I have also been advised by four other residents he uses my garden as a right of way and has been seen to encourage others to do likewise. Surely this is trespassing?
Do I have any grounds to sue for preventing the sale of my property and making defamatory remarks?

Graham advises:
The previous owner of the park clearly managed the site in a lax manner, which has now created a number of problems for the occupiers with the new park owner.
I am informed the site contains a number of larger than normal porches attached to mobile homes and the current owner has demanded they be removed, apparently ‘to comply with council requirements'.
Let's start with the law. Section 3 of the Mobile Homes Act 1983 provides in essence that a new owner of a protected site inherits all the contractual agreements his predecessor entered with the individual occupiers.
You have a statutory right to sell your mobile home with no interference whatsoever from the park site owner.
Your porch exists as authorised and accepted by the previous owner and is therefore part and parcel of the contract which your new owner must accept. It cannot be used to deter a potential buyer.
I have spoken with the site licensing officer and he has explained to me that the council are not demanding the porches be removed.
As regards the parking issues, without delving further into the planning and site licensing file, it is impossible to speculate on whether the new owners proposal to remove all the communal car parking is actually possible.
You have now had two serious potential buyers for your home who have been deterred b y the owner or his agent on site.
This is unlawful behaviour. Your estate agent has now refused to market the property so you (and others in the same position) are well and
truly trapped.
You need proper legal advice and assistance in relation to the looming difficulties over your porch.
You will also certainly need assistance in relation to any further attempt you make to sell your property in the future.