Legal

What if I sell my house and move to a park home?

Many people - around quarter of a million at the last count - are attracted by the peaceful lifestyle of a park home park. Maybe you want to increase income in retirement, or make gifts of money to the next generation. You should always take proper legal and financial advice and the NCC recommends using a solicitor when purchasing a park home. N.B. Stamp Duty Land Tax is not payable when you buy a park home.

What documentation should I receive when I buy (new)?

Under the amended Mobile Homes Act, all prospective owners of new park homes (i.e. those purchased brand new from the park owner) must receive a written agreement from the park owner at least 28 days before they complete their purchase and move in, to give them time to understand exactly how things will work. This Written Statement is the most important document you will receive as it sets out the terms on which you are entitled to keep your home on the park and explains your rights in law. Once the agreement is signed, you will need to keep it in a safe place.

What documentation should I receive when I buy (pre-owned)?

If you are buying a used park home, you will take over the existing Written Statement (see above) from the outgoing occupier. This will need to be formally transferred to you. This requires signatures from the seller, the park owner and you before you can move into the home.

What other documents should I have?

Other documents you should receive include, park rules including matters such as whether pets are allowed and communal parking arrangements, home manufacturers owners handbook for your home, with items such as how the home should be maintained. And, if the home is new you should receive information about how to apply for the Gold Shield Warranty Certificate.

I have heard that the park owner has to grant approval before anyone can purchase a home. Is this correct?

It is correct, but he/she cannot withhold that approval unreasonably - in other words, they have to be able to show a valid reason. Reasonable grounds would include, for example, refusing a young couple permission to live on a park that was for the 50+ age group.

In a will, can a park home form part of a legacy, in the same way as a bricks and mortar house?

Your park home is a valuable asset. At the time you purchase your home, you should consider making a will if you have not done so already. Although you do not own the land upon which your home is situated, you still have the right to bequeath your home. However, the law as to how the park home can be passed on to beneficiaries a little more complex than it is with a traditional home. The law treats a park home as a chattel - in the same way as a car or a boat - so the wording of your will is important.

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