Legal Documents
The law changed in 2006/2007 in England and Wales, below we explain what you will find in the new Statement and Terms. Please note, if you are buying a pre-owned home that was first occupied before these dates, the terms may be slightly different.
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 Act 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.
• 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 this document before you commit.
For more information about pitch fees and residents’ rights and obligations, Communities and Local Government has some free fact sheets that can be downloaded or ordered from their website.
Caravan 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.
