Quizzes & Puzzles4 mins ago
mobile home permission
4 Answers
I have a mobile home on a holiday license but it is a residential site. I bought the home 18 months ago and had a written agreement from the owners that the van 'would not need to be inspected' for at least 5 years. The owners said that they may then wish it to be upgraded but it would depend on its condition etc. I can use the van for 12 months of the year, have a telephone line and post delivered, but when I arrived had to supply another permanent address. The caravan is a couple of miles from my elderly parents - for everyone's sanity I can't live with them full time, but it is an affordable space for me close by!
The owners have now decided to redevelop the site and are making the bases to site park homes. They have stated that as my van is older it needs to come off; they have said they will compensate me or I can have a newer smaller van but by doing that would have no guarantee of how long I could stay there - it could be 2 years, but equally only 6 months. (The plan is that all the park will eventually be just park homes).
Please advise
1) would they need to compensate me the full amount I paid for the van (for breach of contract)
2) can they legally break the contract or could I say I'd like to stay for the full 5 years
Many thanks for your help
The owners have now decided to redevelop the site and are making the bases to site park homes. They have stated that as my van is older it needs to come off; they have said they will compensate me or I can have a newer smaller van but by doing that would have no guarantee of how long I could stay there - it could be 2 years, but equally only 6 months. (The plan is that all the park will eventually be just park homes).
Please advise
1) would they need to compensate me the full amount I paid for the van (for breach of contract)
2) can they legally break the contract or could I say I'd like to stay for the full 5 years
Many thanks for your help
Answers
1 to 4 of 4
Best Answer
No best answer has yet been selected by archeraddict. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
Can't help I'm afraid, but some time ago I considered living on a mobile home site and found this link which may be of some use.
http://www.parkhome-living.co.uk/
http://www.parkhome-living.co.uk/
It sounds as though you are not living on a site licensed for full residential use. If you were, the park owner would have been required by law to offer you a Written Agreement under the Mobile Homes Act 1983, which allows you to live on the park for the lifetime of the home and gives you complete security of tenure.
On a holiday park, the park owner can offer you what is called a Licensed Agreement, which would contain the length of time he/she was prepared to allow you and your holiday home to remain on site. The fact that you had to give another permanent address is the giveaway. You may not use a home on a holiday park as your primary residence.
Although not a solicitor, it seems to me that the park owner should be honouring his agreement with you for the full five years. However, if this were to happen, you would still be living on site illegally. It would constitute a breach of the site license and the Local Council could serve you with an enforcement order to remove you and your 'van' from the park.
If you would like further help, please send a private email to me (Username: Editor) from our forum at www.parkhomeforum.co.uk. I have 42 years experience in the industry.
PBruton
www.parkhomeliving.co.uk
On a holiday park, the park owner can offer you what is called a Licensed Agreement, which would contain the length of time he/she was prepared to allow you and your holiday home to remain on site. The fact that you had to give another permanent address is the giveaway. You may not use a home on a holiday park as your primary residence.
Although not a solicitor, it seems to me that the park owner should be honouring his agreement with you for the full five years. However, if this were to happen, you would still be living on site illegally. It would constitute a breach of the site license and the Local Council could serve you with an enforcement order to remove you and your 'van' from the park.
If you would like further help, please send a private email to me (Username: Editor) from our forum at www.parkhomeforum.co.uk. I have 42 years experience in the industry.
PBruton
www.parkhomeliving.co.uk
Many thanks PBruton.
I realise it is on a holiday licence and, although I can have post delivered and have a land line, I don't actually live there. I spend about 3 nights a week there and, when I bought it 18 months ago, borrowed money on the strength of being able to have that facility for at least 5 years. My official residence is with my parents, who are about 3 miles away. I am on the electoral roll there and all my bank details etc are there.
As I said, I bought it so that I could spend some time away from my parents but be close by. I was very clear to have the 5 years written on the original agreement. The site has 'residential' use but the council have stated that the vans must meet the 'BS standard' in order for the users to be given residential status.
The park owners have decided to upgrade completely and bring on expensive park homes. They state that it could take anything from 5 months to 3 years before they need my pitch but are not prepared for my present van to stay. They have therefore offered me another smaller, newer van or compensation.
My whole problem is that I need to be there to support my parents and so compensation doesn't really help me and neither does a newer van as they say it will negate my original agreement and give me no guarantee of how long I can stay. It all depends on how quickly they sell the Park Homes - could be 5 months, could be 5 years!
They gave me 5 years originally because my current van is perfectly respectable with double glazing, but an older style roof. I am happy to stay in my present van but, until they sell all the new pitches, they are keeping 3 original mobile homes and they want them all to look similar. I would be happy for them to swap it for the newer van but would still want the remains of the 5 years agreement, which they refuse to do.
1) Do I have the right to tell them that I want them to honour the remainder of the 5 year
I realise it is on a holiday licence and, although I can have post delivered and have a land line, I don't actually live there. I spend about 3 nights a week there and, when I bought it 18 months ago, borrowed money on the strength of being able to have that facility for at least 5 years. My official residence is with my parents, who are about 3 miles away. I am on the electoral roll there and all my bank details etc are there.
As I said, I bought it so that I could spend some time away from my parents but be close by. I was very clear to have the 5 years written on the original agreement. The site has 'residential' use but the council have stated that the vans must meet the 'BS standard' in order for the users to be given residential status.
The park owners have decided to upgrade completely and bring on expensive park homes. They state that it could take anything from 5 months to 3 years before they need my pitch but are not prepared for my present van to stay. They have therefore offered me another smaller, newer van or compensation.
My whole problem is that I need to be there to support my parents and so compensation doesn't really help me and neither does a newer van as they say it will negate my original agreement and give me no guarantee of how long I can stay. It all depends on how quickly they sell the Park Homes - could be 5 months, could be 5 years!
They gave me 5 years originally because my current van is perfectly respectable with double glazing, but an older style roof. I am happy to stay in my present van but, until they sell all the new pitches, they are keeping 3 original mobile homes and they want them all to look similar. I would be happy for them to swap it for the newer van but would still want the remains of the 5 years agreement, which they refuse to do.
1) Do I have the right to tell them that I want them to honour the remainder of the 5 year
1 to 4 of 4
Latest Posts
ChatterBank10 mins ago
Quickest Way To Get A Gift To My...
ChatterBank14 mins ago
Editor's Blog26 mins ago
