Does a park site owner have the right to enter your plot at any time? When and why can access be granted or denied and what’s the correct procedure for doing this? The Leasehold Advisory Service’s (LEASE) Antony Tregenna puts you in the picture
A site owner has a number of rights of entry to a home owner’s pitch. These are included within the Implied Terms of the Written Statement between the site owner and home owner. A Written Statement comprises of the terms of occupation. The Implied Terms cannot be changed or varied in law and are binding between a home owner and site owner.
This article looks at the instances when a site owner can or cannot enter a pitch.
Can a site owner enter a pitch without invitation from a home owner?
A site owner may enter a pitch without prior notice in exceptional circumstances (Paragraph 12 of the Implied Terms). These would involve delivering written communications (including post or notices) and reading any meter for gas, electricity, water, or sewerage between the hours of 9am to 6pm.
The Leasehold Advisory Service’s Antony Tregenna examines the procedures a park owner must follow to terminate a home owner’s Written Agreement and remove them from the park
It is important for both site owners and home owners to be aware of the circumstances in which a mobile home agreement may be terminated.
A Written Statement sets out the terms of agreement between the site owner and the home owner. The terms comprise of Express Terms and Implied Terms. Express Terms are terms that have been specifically agreed between the site owner and the home owner.
The Implied Terms cannot be varied or changed in law. The site owner’s rights of termination are included within the Implied Terms. This article looks at the instances and the procedure that must be followed by the site owner in the event of a breach of agreement by the home owner.Read more...
The Leasehold Advisory Service (LEASE) answers questions on a variety of topics by telephone, email or letter for park home owners, site owners and other parties with an interest in park home legislation. LEASE’s Antony Tregenna and Manjit Rai work through a selection of some of the most frequently asked
Q A local authority has decided to introduce a fees policy and has charged a site owner an annual licence fee. An annual licence fee has been added through a park home owner’s pitch fee review in 2016. What is the law concerning this?
A The annual licence fee can only be added to the pitch fee in the first year that it is introduced. The licensing provisions came into force on 1st April 2014. A local authority is able to charge a site owner an annual licence fee from this date. The fee may be added to pitch fee reviews in respect of the period between 2nd April 2014 to the 1st April 2015. Although the local authority has only decided to introduce an annual fee, the charge cannot be included in the 2016 pitch fee review.
A park home owner who has received a pitch fee review form with the annual licence fee added will not be obliged to pay the increase. The site owner will need to apply to a First Tier Tribunal to determine that the charge be paid.Read more...
As of 1 April 2016, the Leasehold Advisory Service has been providing legal help to park home owners, site owners and local authorities concerning park home law in Wales. LEASE’s Antony Tregenna examines some of the main features of the Mobile Homes (Wales) Act 2013 (‘the Act’) and the increased protection for home owners
So, when did the Mobile Homes (Wales) Act 2013 come into effect? All sections of the Act came into force on 1 October 2014 and apply to all residential parks in Wales.
A site licence is required if the owner is using land as a regulated site. Operating without a licence is an offence and an unlimited fine may be imposed by a court.
The licensing provisions apply to regulated sites. A regulated site must have at least one mobile home stationed on it for the purposes of human habitation, apart from holiday sites. Schedule 1 of “the Act” also lists the types of site that are not regulated. These include sites owned by the local authority.
We explore the delicate issue of park home residents experiencing harassment on their site. The Leasehold Advisory Service’s specialist park home legal advisors Manjit Rai and Antony Tregenna explain more
The term ‘harassment’ is often bandied about but what’s the correct legal definition, as far as park home residents are concerned? Residents of park home sites are provided with protection against harassment by Section 3 of the Caravan Sites Act 1968 (the 1968 Act) as amended by Section 210 of the Housing Act 2004 and Section 12 of the Mobile Homes Act 2013 (the 2013 Act). This applies to all occupiers of park homes who:
● Live on a protected site.
● Have a residential contract with the site owner.
Harassment is defined as an action that interferes, or is likely to interfere with, the peace and comfort of the occupier, or the persistent withdrawal of services or facilities reasonably required for the occupation of a park home. These actions must be carried out with the knowledge that they are likely to cause the occupier to abandon the park home, remove it from the site, or to refrain from exercising any right. We have outlined some examples of what constitutes harassment in this article.
Examples of harassment
● Forcing occupier to sign an agreement to sign away their legal rights.
● Removing or restricting essential services such as disconnecting the electricity.
● Entering the home without the
Aimee Hutchinson, a solicitor at Blacks Solicitors LLP, and Antony Tregenna, a legal advisor at The Leasehold Advisory Service, explain the key differences between inheriting and gifting a park home
It is common for site owners, park home owners and those who may be entrusted with the administration of an estate after a park home owner has passed away, to be unaware of the rules that apply in relation to who can rightfully inherit a Written Statement and in turn the right to reside in a residential park home. In addition there also tends to be confusion surrounding the circumstances where a resident can gift their park home.
This article looks at the differences between inheriting and gifting a park home and considers common examples.
Inheritance of a Written Statement
Inheritance depends upon who was living with the park home owner at the time of death. Section 3 of the Mobile Homes Act 1983 (“the Act”) sets out the relatives who may inherit the Written Statement, but inheritance is subject to the home being occupied by the park home owner (prior to their death) as their main or only residence.
It will be necessary to look at a number of scenarios to establish these inheritance rights.
By way of example, James and Joan are married and live in a park home. James has died and left the park home to Joan in his Will.Read more...