FOR most people the arrangements around buying a park home work out fine, but, sadly, there can occasionally be problems. So, in view of the expense of park homes, and the fact that they usually become your only residence, there are occasions where I suggest taking legal advice is sensible.

However, experience suggests that park home owners/residents associations often find it difficult to locate solicitors who are prepared to advise in this area.

When, then, might you consider taking advice?

Before you commit

I suggest the first such occasion should be when first thinking of purchasing a park home. This might be a new park home through a site owner or a second hand one either from the site owner or existing occupiers.

At first glance this often looks quite easy. There are papers to review and sign and money to be paid. However, I suggest in view of the importance of your purchase that looking more into the terms and implications is sensible. You should, for instance, try and find out more about the park. Most are well run but, just as in any walk of life, there are some poor site owners. It is worth, therefore, making enquiries.

More importantly, you want to be sure as to your ‘security’. In most cases the Mobile Homes Act 1983 applies and gives owners many rights. However, experience shows that this is not always so and I have come across a number of cases where, contrary to the impression given, the situation with that park has actually been such that home owners do not in fact enjoy the protection of the Act.

Afterwards

There can be occasions where it is useful to take advice after you have bought. Sometimes it is worth a resident’s association being formed, and if it is done so under the terms set out in the legislation, the site owners have to take note of it.

Quite often, occupiers through such an association can find it easier to take up some issues that might arise with site owners – for instance, increases in pitch fees or payments for other services like water and drainage.

Advice, however, might well be sensible in a variety of other areas. By speaking from some recent experience I will give some examples.

I have come across cases where home owners find their position might not be as secure as they thought. This, if so, can of course be very serious. If, for instance, your park does not have a site licence under the relevant legislation, or planning permission for “year round residential use”, you might have problems. In such cases, action might be possible against the site owners for misrepresentation.

Experience also sadly shows a number of cases where, despite the legislation, site owners “try it on” when park home owners try to sell their park homes with the benefit of their Mobile Homes Act agreement.

I have come across a number of cases where site owners have unreasonably tried to “prevent” assignment, no doubt aiming to clear old park homes from their park. I suspect the reason for this is simple – with a clear plot they would hope to be able to sell a new park home to someone else and make more money.

By way of a final example there are then cases where site owners try to end a park home owner’s rights under the Mobile Homes Act. In many cases it is well worth taking advice as there might indeed be good ground to oppose those proceedings. A home owner whose agreement is terminated loses the right to live in the home or indeed to keep it on the park.

These are just some examples of matters for which taking advice from an experienced Solicitor could be worthwhile.

MEET TIM SELLY

Tim Selley is a Solicitor and Partner at Crosse & Crosse. He has many years’ experience of advising park home owners and residents associations, not just local to where he works. He presently has cases stretching from Cornwall to Derbyshire and to Essex. If you would like to consider taking advice on an issue you have, please feel free to contact him for an initial assessment. If doing so, please mention this article.

CONTACT

Tim Selly, Crosse & Crosse, 14 Southernhay West, Exeter, EX1 1PL. Tel: 01392 678694. Email: [email protected]


This review was published in the April 2009 issue of Park & Holiday Homes magazine. To order our latest issue please click here.


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