The law changed in England, when the Mobile Homes Act 2013 came into force on 26 May.
What's in the Written Statement?
This is a very important legal document which sets out:
- The terms on which you will be entitled to keep your park home on the park
- The rights you will be given by law.This document must set out:
- The parties to the agreement
- The starting date
- The particulars of the pitch and a plan
- The date at which the site owner's planning permission expires or his interest in the land will end (this means your right to stay on the site will not continue beyond the date stated - in most cases, there is no specified date, so you can live on the park indefinitely)
- Pitch fee amount , when payable, what services are covered by it and the date of annual review
- List of additional charges where applicable
- Details of your home.
In addition, there are two further sets of Terms:
Implied Terms - these are set out in the Mobile Homes Acts and are automatically included in your agreement. They cannot be changed. They cover such things as how the agreement may be terminated by you or by the park owner, terms for subsequent sale of the home and assignment of the Written Statement, procedure for pitch fee reviews and your and the park owner's obligations. More information on Consolidated Implied Terms can be found here.
Express Terms - these are specifically agreed between you and the park owner and may include, for example, how the subsequent sale of the home shall be conducted; re-siting (if required) and when the agreement can be terminated. The park owner will insert these terms into the agreement and you should read them carefully before signing.
NCC stresses that you should obtain professional advice on these documents before you commit.
Government recently launched new park homes advice line, run by the Leasehold Advisory Service (LEASE) available on 020 7383 9800.
For more information about pitch fees and residents' rights and obligations, Communities and Local Government has some free fact sheets that can be downloaded - this includes information on residents' rights and responsibilities.
Caravans Act (Northern Ireland 2011)
Under the terms of the above Act, a park operator must issue a Written Statement to owners of residential homes on a residential park. The appropriate Written Statement can be downloaded from here.