THINKING OF BUYING A PARK HOME
THEN ASK YOURSELF
Do I really want to give up my freedom????
20 Vital questions you need to ask yourself before buying a Park Home.
Caveat emptor (Buyer Beware), has to be the best advice that can be offered to any one either approaching or has already reached retirement age contemplating the purchase of a Park Home after having seen the masses of advertising, glowing articles in glossy park home magazines etc, visited the various lavish park home exhibitions, spoken to the very enthusiastic salespersons and/or Park Owners, (very few of whom actually live or would live in a Park Home), have perhaps been persuaded that the park home lifestyle would be the ideal way in which to spend their Autumn years.
Yes, park homes are delightfully presented and do offer ideal accommodation especially when we are getting on in years and find that the bricks and mortar family home is now far too big and getting increasingly difficult to manage. It is also easy to understand how easily people can be persuaded by the message contained in the park home adverts etc., that it would be the best decision they could take in their lives to sell up their bricks and mortar, buy a park home, which as well as leaving surplus money left in the Bank to spend on the little luxuries they could never before afford, they would be assured of a future life free of worries and peace and tranquillity.
Then there are the parks themselves. One could be forgiven for being impressed by the neat rows of park homes situated on a beautifully manicured park, or even, as very often occurs these days in the case of a park under development, by being shown a coloured plan of the site layout to illustrate what the park might look like when development is completed at some time in the future. Many parks are situated in picturesque country areas or close to the seaside, seemingly idyllic for retirement especially attractive to those wishing to leave a town or suburban environment. But all that glitters is not Gold and before taking the drastic step of selling your bricks and mortar and committing yourself to the purchase of a Park Home, please take a few minutes to study the following questions and answers, which may help you decide if Park Home Life really is for you.
Q….. What is a Park Home and how is it different to a conventional bungalow?
A….In appearance a Park/Mobile Home looks very similar to a conventional bungalow especially when fully sited complete with the brick skirt which extends from the concrete base almost to the floor of the home. The brick skirt hides the fact that the home is built on a steel chassis complete with wheels, hence the official name Mobile Home. Construction is of plywood coated with a plastic resin stucco finish with plastic type doors and windows and lightweight metal imitation pan tiled roof.
(2)..Q…..Is the procedure for buying a park home the same as buying a conventional home?
A…. NO! A Park/Mobile Home, unlike bricks and mortar or other forms of prefabricated home, such as the timber homes imported from abroad which are fixed to the ground, is not housing and is not included within the Housing Act being officially classed as a CARAVAN, the park (site) it is stationed on is a CARAVAN SITE and the occupiers CARAVAN DWELLERS. Even the largest, most expensive and luxuriously appointed double unit park home costing anything up to £300,000 is classed as two caravans fastened together. As a park home is a Caravan it has, by law, to conform to the official definition of a Mobile Home, which includes static holiday caravans, touring caravans, motor homes and horse drawn Gypsy caravans, in fact any vehicle constructed or adapted for human habitation capable, and must remain capable at all times, of being towed from place to place, excluding a Tent or railway carriage on rails. As a park home is a caravan it is CHATTEL just the same as a TV, furniture or a car and is purchased in exactly the same way. Unlike buying a conventional home there are no Deeds, no solicitor needs to be involved in the transaction, no local land searches or Home Information Packs apply, but you don’t, or ever will, own the land the home sits upon.
(3)….Q….As the process for buying a Park Home is totally different to that of buying bricks and mortar, do I get any sort of contract with the park owner setting out the terms by which I occupy my Park Home? (See also the PHRAA Guide to Buying a Park Home available on this website)
A… Yes! Or rather you should do. Every owner of a Park Home should have been issued, by the park owner at the time of purchase, with a document entitled the “Written Statement”. This is a form of contract issued under the Mobile Homes Act 1983/2006 entered into between homeowner and park owner. The terms and conditions, governing your right to station your home on the park, set out within this document, are intended to be binding on both parties. In practice however, where an unscrupulous park owner is involved, the homeowners obligations have to be strictly complied with at all times under the threat of the park owner taking eviction action through the Courts against you for even minor infringements. BUT due to the absence of any official enforcement powers, the park owner has been handed the power to completely disregard his obligations, ignore the Act and do exactly what he likes with you and your home with impunity.
Recent amendments to the Act clearly state that a prospective buyer of a park home must be given a copy of the “Written Statement” (contract) at least 28 days before they commit themselves to buy. This is to give the prospective purchaser time to read and fully understand the contract they are entering into, seeking advice if necessary on any terms or conditions they may be concerned about. Unfortunately however, in spite of this legal requirement, some park owners continue to withhold sight of the contract until, either the innocent prospective buyer has paid the park owner a substantial sum as a deposit on the home, or as frequently happens, the homeowner has actually paid for the home in full and taken up residence. In all too many cases the park owner gives the prospective buyer an uncompleted copy of the contract, which carefully omits such vital information as whether the park has permanent planning permission or planning permission is only granted for a limited period or that the park owners interest in the land ends on a specified date. If either of these conditions exist then this would mean that your period of occupation would be limited to those dates. In other words at the end of a specified period you and your home would be kicked off the park and your home worthless. DO NOT PAY ANY MONEY WHATSOEVER IN THE WAY OF A DEPOSIT OR OTHER UNTIL YOU HAVE BEEN GIVEN A FULLY COMPLETED COPY OF THE CONTRACT, INCLUDING THE PARK RULES AND HAVE READ AND FULLY UNDERSTOOD ITS CONTENTS AND THE IMPLICATIONS FOR YOU IF YOU SIGN. PHRAA CANNOT EMPHASISE ENOUGH HOW VITALLY IMPORTANT IT IS THAT ANY PROSPECTIVE PURCHASER OF A PARK HOME READS AND FULLY UNDERSTANDS THE CONTRACT BEFORE THEY BUY.
YOUR FUTURE DEPENDS ON IT. BUY IN HASTE, REPENT IN LEISURE!
(4)….Q… The park owner states that the home is “Freehold” is this true?
A…NO! Park Homes are stationed on land owned by the park owner therefore you do not, or are ever likely to own the plot the home stands on. Park homes are occupied by a license agreement with the park owner, which is neither Leasehold or Freehold, but unique to the park/mobile home industry
(5)….Q… Is any deposit I pay on a Park Home refundable if things go wrong or I have been misled by statements issued by the park owner, which proved later to be untrue, such as those in 4 above?
A…No and Yes! No according to the unscrupulous park owner, but Yes if you are willing and able to take action through the County Court for the return of your deposit. Always limit the amount of the Deposit to £5,000. This is recoverable by taking action through the Small Claims Court. Any amount over £5.000 will involve more complicated County Court Action. Always when paying any sum of money to a park owner for whatever purpose obtain a proper receipt on the park owners proper headed paper signed in INK.
(6)…..Q.. Do I enjoy the same rights whilst living in a Park Home as I took for granted in my bricks and mortar home?
A…. No! The only law that applies in practice on a Park Home Site is that dictated by the Park Owner. As already mentioned above a park/mobile home is a caravan therefore CHATTEL excluded from the Housing Act. Park Homes are governed by the Mobile Homes Act 1983/2006. Whilst on paper the Mobile Homes Act may appear to offer a degree of protection and security to the park homeowner, in practice this unique piece of legislation is so ambiguous and riddled with loopholes, that it enables unscrupulous park owners, ably assisted by their very clever legal advisors to drive a coach and horses through it to the detriment of the helpless homeowner.
(7)…Q… But surely if the Mobile Home Act is law then the authorities must enforce the law against the unscrupulous park owners illegal actions?
A….No! Unfortunately for all park homeowners the Mobile Homes Act is not backed up with any government powers of enforcement. The whole of the responsibility for enforcement is placed entirely upon the shoulders of the park homeowner. For example, the Act states that the homeowner has the right to sell his home and assign his agreement (contract) to a person approved of by the park owner. If the unscrupulous park owner prevents the sale illegally, (see can I sell my home later in this article), then the only redress open to the homeowner is to embark on long and very expensive legal action through the Courts, which due to the ambiguity of the Act there is no guarantee of winning, even what appears to be a cast iron case against the site owner.
The one thing that is certain is that once you buy a Park Home especially if the park is owned, or is purchased later, by an unscrupulous park owner, you kiss goodbye to all the rights, including Human Rights, you previously enjoyed and took for granted in bricks and mortar. Your future health, wealth, freedom and happiness are now in the hands of the Park Owner. Buying into the park home lifestyle is very easy. Getting out again is expensive owing to you having, by law, to pay the park owner 10% of the price you receive for the home should you sell, but where an unscrupulous park owner is involved, selling your home may prove to be impossible,
which can result in you rendered homeless and destitute with a severely detrimental effect on your health.
(8)….Q…How can the park owner assume such power over my life in a park home?
A….Because he owns the park and the tiny plot (Pitch) of land your very expensive park home sits on. The fact that your home in on his land, together with the powers bestowed upon him by the Mobile Homes Act, gives him the power to govern almost every aspect of your future life, as will become apparent as you read on.
(9)….Q.. Do I have to pay a fee for the plot of land my home is on?
A…Yes! This is known as the Pitch Fee and may vary from around £100 per month to over £200 per month depending on the area of the country and what the park owner can get away with. This Fee is subject to being increased annually by at least inflation rate (RPI) plus any other reasons the park owner may impose almost at his discretion. Although certain conditions concerning the amount and reasons for an increase are contained within the Act, in practice it may be difficult to challenge any such demand for an increase in the pitch fee as it could well involve the homeowners in very expensive legal action against them.
(10)….Q… Are there any other charges the park homeowner is liable to have to pay the Park Owner?
A….Yes! On many parks the electricity and water you use is provided by the park owner and payment is made to him usually monthly. In the case of the electricity, charges are based on the reading taken from a meter provided by the park owner, plus other added charges, for example, Standing Charge, Infrastructure Charge, plus any other charge he can dream up to add to the bill. Water charges are usually based on the amount used by the whole park and divided between the number of homes on the park. This means that homes with just one occupant using very little water will be charged the same as homes with two or more occupants. It also means that occupiers will be paying for water wastage due to any water leaks occurring on the park. Added to this will be other charges, as with electricity above. Sewage disposal may also be charged for as an extra charge.
On many parks the Gas supply is LPG, which is more expensive than natural gas. But unlike natural gas the price is not governed by OFGEM therefore there is no control on the price of LPG. Supply is either by gas cylinders, situated on an outside wall of the home, individual gas tanks, installed on the plot or the supply is piped to each home from a bulk tank situated on the park supplied and controlled by the park owner who, because there is no price control on LPG, can charge what he likes for each litre used. In the case of cylinders or individual tanks, some park owners will only allow them to be refilled by companies dictated by him, meaning shopping around for lower prices is impossible. The result is that the cost of heating a park home can be considerably more expensive than heating a conventional home.
(11)…. Q… What is the life span of a park home?
A…. Depends on who you are asking and when you are asking. If you are asking the manufacturers you will be assured that park homes are built to very high standards and will, provided they are looked after, last indefinitely. If you are asking a park owner eager to sell you the brand new home he has for sale on his park, he will also tell you that it will last indefinitely. But as recent events are proving it appears that in reality the life of a park home is now being reduced by the industry to 10 or so years. PHRAA first became aware of this on reading an article written by Alicia Dunne, Director of Policy for the National Park Homes Council (NPHC) one of the Park Home Industries Governing Bodies, published in one of the specialist park home magazines a couple of years ago. This was in answer to a readers question asking at what age is a park home regarded as being old. The answer 10 years. Since that article appeared some park owners are insisting that the owners of all homes over 10 years old must obtain, at the homeowners expense, a full survey and condition report, a copy of which must be given to the park owner, to be carried out by a surveyor, usually stipulated by the park owner, to ascertain the homes condition and suitability to remain on the park. It is becoming very common nowadays for park owners to employ park home surveying companies to carry out external surveys on residents homes, often without the knowledge of the homeowner, which result in adverse reports on the homes condition which could be used by the park owner in any legal proceedings for eviction against the homeowner. (see PHRAA Warning Bulletin “Covert Surveys” on PHRAA Website). It is also a fact that some park owners are sending letters to owners of older homes informing them that on a stipulated date a surveying company employed by him is going to carry out a full survey of the residents home, both internal and external. To make matters even worse some park owners are adding this requirement to their contracts.
So there you have it. When they want you to buy a park home you will be assured it will last indefinitely. But once they have had your £100,000 - £300,000 you have paid for your brand new park home, after 10 years the park owner claims that it has become too old and in danger of falling to pieces. REMEMBER ALSO NOT ONLY HAS YOUR HOME AGED 10 YEARS, SO HAVE YOU. IF YOU PURCHASED THE HOME UPON RETIREMENT AT 65 YOU WILL BE 75 WHEN THIS PROBLEM ARISES. ASK YOURSELF, WILL YOU BE IN THE POSTION THEN, EITHER PHYSICALLY OR FINANCIALLY, TO FACE COURT ACTION TO FIGHT FOR AND PROTECT YOUR HOME?????? Another important, but very often overlooked factor when considering the advancing age factor is although when purchasing the home both you and your partner may be fit and well, should either of you pass away, would you wish the remaining partner to have to fight for their rights to continue to occupy or sell the home ALONE.
(12)….Q…. Will my residency on the park be governed by the park owners own Park Rules and how will they affect me?
A…. Yes! Every park owner will issue his own set of Park Rules which form part of the contract you sign when you buy. As already mentioned above it is vitally important that before you pay any money you obtain and carefully study these rules as they govern every aspect of your future life on that park. Where the park is owned by a good and caring park owner the rules may be small in number and consist mainly of common sense items such as, Not playing loud music etc., which may cause nuisance to neighbours, not to block the park roads when parking, etc etc. But where the park has an unscrupulous owner, park rules will be of a far greater number (40-50) and far more draconian in content. Whilst also including the usual common sense rules mentioned above, the unscrupulous park owners rules are likely to include severe restrictions as to what you can and can’t do on his park. To illustrate this point I have set out a few typical examples below…
(a)….. Homes must be repainted every two years in the colour stipulated by the park owner whose decision will be final.
(b)….. No plants, bushes or garden features will be planted or erected on the plot (pitch) without the written permission of the park owner, whose decision will be final. Small plants in pots may be allowed at the park owners discretion, but limited to six in number.
©….. No work, maintenance or otherwise, alterations, repairs will be carried out on the home either inside or out, without the written permission of the park owner, whose decision will be final.
(d)…. No visiting children allowed to stay on the on the park.
(e)….. No workmen or deliveries allowed on the park other than those approved by the park owner.
(f)…. Access hatches to the underneath of the home will be kept unlocked at all times to enable inspection by the park owner.
(g)…. Storage sheds etc, if allowed, can only be purchased from the park owner.
(h)…. LPG gas supplies can only be purchased through the park owner.
(i)… Only one car is permitted per home.
(j)…. Any homes over 10 years old are required to have a full survey and structural report at the homeowners expense conducted by a company nominated by the park owner, A copy of this report is to be given to the park owner who will show it to any prospective purchaser of that home, should the homeowner wish to sell.
Note. This report, which under the circumstances could not be said to be independent, effectively kills off any chance a park homeowner may have of selling his home except to the park owner for a fraction of its true market value. (see section 14 below)
As you can see from the above few typical examples the park owner can control virtually everything you do with your home.
It is important to take into account that the park owner can change or add to these rules by following a simple procedure, which I won’t go into here, and very often the residents are not made aware of the changes until it is too late. This very often happens when a park changes ownership and almost certainly will follow if the park is purchased by an unscrupulous park owner.
(13)….Q…The park has a good and caring owner at present. Will we be informed if the park is being sold?
A…. Usually no! In the main sales of parks are conducted in strict secrecy and usually the first the residents know about it is when the new owner, either by letter, or by arriving on the park, informs them that he is now the new owner. In the case of residents hearing, usually by rumour, that the park is being sold, the name of the buyer is kept from them.
(14)….Q…. Can I sell my Park Home on the open market?
A…. Yes and no! Yes you have the right to sell your home and assign the agreement (contract) to another person approved by the park owner as stated in the Mobile Homes Act 1983/2006. But unless you have thousands of pounds and the one, two or even more years, which it may take for the case to come to Court, at your disposal to take Legal Action against a park owner, who by abusing the right of approval clause in the Act, is determined to stop you selling except to him for a pittance, then the real answer is NO.
If you decide to sell your park home for whatever reason, perhaps your health is declining and you need to go into sheltered accommodation, you have lost your partner, cannot manage the upkeep of the home any longer, have been subjected to continued harassment, threats and intimidation from the park owner because your home is getting on in years and he wants you an your home off the plot to replace it with a brand new one, etc etc., then once you have found a buyer, you must inform the park owner in writing, enclosing details of the prospective buyer. The park owner then must reply within 28 days of receipt of your request for approval, either giving or withholding his approval. If approval is withheld, he must give his reasons, which must be reasonable. Giving or withholding approval is limited to the suitability of the prospective purchaser. The park owner must not seek to impose conditions such as the age of the home as grounds for refusal. However what usually happens in practice with a unscrupulous park owner is that he contacts the buyer telling them that he cannot allow the home to be sold as it is too old and has to come off the park, the home has many serious faults, which have to be put right, the home is going to be moved, etc etc., all guaranteed to put off every buyer found. This for the homeowner is an impossible situation, which can go on for years and can be distressing enough for the homeowner forced if he is able to continue occupying the home he cannot sell. But if, as frequently happens, the homeowner has taken up residence in alternative or sheltered accommodation and has to leave the home empty while awaiting sale, then the unscrupulous park owner is in the perfect position to hold the homeowner to ransom. The helpless homeowner is faced with not only having to pay rent and Council Tax on his current accommodation, but the ground rent (pitch fee), Council Tax and all the other charges due to the park owner on a park home he cannot occupy or sell. This places the unscrupulous park owner in a win win situation, as he will know that it is only a matter of time before he will be able to force the homeowner to sell the home to him for a pittance, usually a few hundred pounds for a home with a market value of many tens of thousands. As a last kick in the teeth the distraught park homeowner will be obliged under the Act to give the park owner 10% of the price he receives for the home as so called “Commission Payment. When any homeowner sells his home he (the seller) has to give the park owner 10% of the sale price whatever the circumstances. The only avenue open to the homeowner in this situation is to embark on prohibitively expensive legal action, which may take years to come to court. Just in our area we know of two such cases on a park owned by our unscrupulous park owner that have been ongoing two years already and have still to get a hearing. Both of these cases involve elderly widows, (one of whom has had a massive operation for cancer) who were forced for health reasons to move into sheltered accommodation. One very important factor should be taken into account when having become so desperate you are considering accepting a pittance for your home from the park owner is that if you do sell to him out of desperation, the Local Council may refuse to rehouse you on the grounds that, by selling your home to him, you have MADE YOURSELF VOLUNTARILY HOMELESS. A, by no means, isolated case of being in a “CATCH 22” situation, which homeowners very often find themselves in as a park homeowner. For those who have moved, or have been forced by circumstances, to move into alternative accommodation, having had their efforts to sell the home persistently blocked by the unscrupulous park owner resulting in their home being left unoccupied on the park whilst awaiting sale, there is the very real risk of the park owner taking Court Action for Termination of the Agreement (contract) against the homeowner citing a clause in the Mobile Homes Act, which states that, if the homeowner no longer occupies the park home as their only or main residence, he (the homeowner) is in breach of the law.
As a prospective buyer of a park home reading this you will be saying “what rubbish no park owner would stop me selling my park home! I would soon have him in court”.
Yes may be you would think like this now when you are perhaps approaching retirement and see the park home lifestyle as the ideal way of spending your Autumn years. But what about ten years or more down the line? Will you still feel so confident when you are that much older and not quite so fit and able to fight back as you once were, especially when faced with an unscrupulous park owner with the power and the financial resources to employ the services of top class legal companies who specialise in park home law, when you will be very lucky if you find even a solicitor with any knowledge whatsoever on park home law or would, due to the amount of loopholes in the Act, be prepared to take your case on. For the park homeowner taking legal action against a park owner is a very risky business. The odds under the current Mobile Homes Act 1983/2006 are very much stacked against you. The same applies if the park owner is taking action against you. Just to quote to very recent examples, a 93 year old couple have been placed into communal accommodation having been evicted by the court from their park home mainly because the park owner wanted their plot so he could redevelop the park. An 80 year old man living alone having recently lost his partner, has been made Bankrupt and is facing eviction proceedings from his park home following many years of court action against him by the park owner who wants his plot. Neither of these were able to obtain any legal help to defend their rights.. Enough said!!!!!!
(15)….. Q… The park owner assures me that buying a park home is a appreciable asset and a wonderful investment, which I will be able to pass on to my nearest and dearest in my will. Is this true?
A…. In some cases yes, but don’t bank on it. There are cases where park homes, especially older homes have appreciated in value over the past years. But this depends entirely on whether you are able to sell them as explained in 14 above. It should also be taken into account that a park home immediately it is purchased loses 10% of the purchase price due to the fact, as already mentioned above, that if sold the seller has, by law, to pay the park owner 10% of the sale price. This means that if you pay say £150,000 today for a park home, if you sell it tomorrow for the same price, you will lose £15,000. Taking into account the problems of selling a park home under the current park home law, outlined in 14 above, buying a park home could well be the worst investment you could ever make in your life and in the worst case scenario could result in your being made homeless, destitute and housed in sheltered or other available Council accommodation, including bed and breakfast, miles away from your friends and family at the most vulnerable time of your life. (see 14 above)
Regarding leaving your park home to the family. The Mobile Home Act specifically states that you can leave or gift your park home to a member of your family, but unfortunately does not state what happens to it if you either have no family or relatives to leave it to. If the family member shares the home with you at the time you pass away then they will be able to continue to reside in the home and take over the agreement (contract). If the family member/s who inherit did not reside in the home, they will not be able to move into the home without the approval of the park owner, but they do have the right to sell subject to the same conditions as set out in 14 above. Where the park has an unscrupulous park owner, rather than you leaving or gifting your nearest and dearest a valuable asset, you will be saddling them with years of trouble, heartache and trauma, which could and surely will cost them dearly financially. It should also be remembered that from the moment you die, your relatives will be liable for the pitch fee and all other charges due to the park owner including the Council Tax bills.
OK then If I cant live in it or sell it, the home is my property, I will take it off the park myself. Oh no you wont, not unless you can fasten wings to the home and fly it off the pitch (plot). You would need a low loader to transport it on the highway and a 4x4 vehicle to actually tow the home off the plot to the transporter .For this you will need the park owners permission as he owns the land (park), which you have to cross. The unscrupulous park owner as you will soon find, will not allow this and will demand outrageous sums of money (possibly several thousand pounds) to disconnect the home from the services, and tow the home off the park with his own vehicle, probably causing irreparable damage to the home in the process. EVEN IN DEATH IT IS IMPOSSIBLE TO ESCAPE FROM THE CLUTCHES OF THE UNSCRUPULOUS PARK OWNER!!!!!!!!!!!!!!!!!!!!
(16)…Note. Although this section is No.16 out of 20, it is a vital point, which every single person contemplating the purchase of a Park Home should seriously consider before they buy. Nine out of ten advertisments and feature articles for park homes appearing in the two specialist park home magazines, newspapers etc., are for so called “new developments”, leading the reader to believe that brand new parks home estates are being created from scratch. But in reality, except for one or two isolate cases, these so called new developments are taking place on old established existing parks, which have usually recently changed ownership and in some cases been renamed. The new owner has embarked, using less than scrupulous methods, on a program of clearing off all the existing homes and their owners and replacing them with brand new homes, netting him a vast profit in a very short time.
Q…I am considering buying a beautiful brand new park home on a park that is in the process of being developed, but I am very concerned that although the part of the park the new homes are on consists of all brand new homes, the rest of the park has a lot of older homes still remaining, which, although they appear well maintained and each have very well kept gardens, the design of these homes is outdated and does not really compare with the design of the brand new homes. To make matters worse the area of the park surrounding these older homes is very run down and neglected. The park owner, who has recently purchased the park from its previous owner, assures me that these homes and their occupants, most of whom are very elderly, many widows living alone and have obviously lived on the park for many years, will be gone shortly and will be replaced with brand new as their occupants will be found alternative accommodation by the local council. When questioned further about when these older homes would be removed, he assured me that it would be very soon as he was buying them back and any occupants refusing his offers to buy, would be taken to court and evicted. I am very concerned that while these older homes remain on the park they lower the tone of the park. On speaking with those residents who have recently purchased new homes on the park I learned that they are fully supporting the park owner in his efforts to rid the park these older homes. They are also complying with the park owner advising them not to speak to, or have anything to do with, the occupiers of these older homes as the park owner says they are trouble makers because they are resisting being made to leave the park. Why wont these people leave the park and stop obstructing the park owner from achieving his aim of filling the park with beautiful brand new and expensive homes for the benefit of all those wishing to buy new? Most of them are in their 70’s,80,s and 90’s, they should get out of the way, the park will be much better looking when its full of all new homes. What are they worried about, the Council will house them wont they?
A… How many times in your life have you said “I wish I had a crystal ball and could see into the future”. Well now for probably the first and only time in your life you have been granted this wish. What you are seeing happening to those existing residents being pressured to abandon their homes for no other reason than to make way for the park owners current development plans, is a stark warning glimpse into the future, your future perhaps in as little as ten years time, if you go ahead buy that brand new park home. Yes you read it right. What those poor residents in those older homes, that you look down on now and cant wait to see moved off the park because you feel their homes are no longer in keeping with your £200,000 brand new park homes, are suffering today, could well be the fate awaiting you in as little as ten years, (See 11 above) when the park owner or a future unscrupulous park owner decides it is time to commence new development plans all over again and it is now your turn to be put under pressure to abandon your home and be shoved against your will into the first available Council Accommodation.
Another warning sign is the unscrupulous park owner actively discouraging the owners of new homes from speaking and mixing with the residents of older homes, branding them as trouble makers, effectively dividing the park.. The usual reason for this is that he does not want the new homeowners learning of the despicable tactics he is using in order to pressurise these elderly and defenseless residents to give up their homes. Tactics which include bullying, harassment, intimidation often backed up with threatening letters from the park owners over zealous solicitors willing and able to use the mass of loopholes in the park home law and the courts to crush any attempts by the homeowner to keep his home. The unscrupulous park owners offers to buy these residents homes will be derisory such as a few hundred pounds for a home professionally valued at many tens of thousands is the norm. Failing to maintain that area of the park together with ripping down residents fences and destroying their lovingly maintained gardens are other widely used tactics designed to make life and the surroundings as unpleasant as possible for the remaining residents.
As I said at the start of this section, what is happening to the residents of the remaining homes, is a glimpse into the future, which could well be your future in a few years time. Don’t think that because you have just paid £150,000 - £200, 000 plus for your brand new park home it cant possible happen to you. These so called “older homes” were brand new and top of the range when they were first purchased, so what are brand new homes today will become the older homes of tomorrow, and it will then be your turn, when both you and your home are ten or twenty years older, to find yourself in the position of fighting to keep your home, as those you are being encouraged to look down on now. The occupants of these “older homes’ are just as proud of their homes as you are.
Before you dismiss the above warning as absolute rubbish and scaremongering I should mention that as General Secretary and a Consultant for the Park Home Residents Action Alliance (PHRAA) I and the fellow officers of PHRAA, together with hundreds of our fellow park homeowners nationwide, are in this unenviable position, which I would not wish on my worst enemy, now today, just as we have been since 1999 when our park changed hands, with more and more new cases coming in to PHRAA every day at an increasing rate. So when you next see an advert or read a glowing article concerning new park homes on parks advertised as being newly developed, ask yourself what has happened to the existing park homeowners who have left the park to facilitate this new development and ask yourself, that if I sell up my bricks and mortar and buy that beautiful brand spanking new park home today, could the same fate await me in the not too distant future? Take heed of what you see today as your one and only chance to see a vision of your future in your crystal ball, but above all, please don’t look down on the owners of the older homes remaining on the park. Remember this could be you in a few years time!
(17)…. Q… Is any help or protection available for park homeowners from the authorities?
A…Very little. The Mobile Homes Act 1983/2006 in its present form is so riddled with loopholes, which favour the park owners that the actual protection it appears to afford the homeowner is virtually nonexistent in practical terms. Owing to this unique form of agreement whereby you own the home, but do not own the land it sits on is neither Freehold or Leasehold and therefore does not come under the jurisdiction of either. Neither is it governed by the Landlord and Tenant Act or the Housing Act. Local Authorities who are responsible for Licensing Caravan Sites, (the official classification of park home sites,) have no jurisdiction over the Mobile Homes Act. They do have the power, BUT NOT A DUTY to enforce the conditions attached to the License governing the operation of the park. Because the land is privately owned the Police have very little power to take action, as most of the residents problems with park owners are classed as a Civil matter, meaning that is it left entirely to the homeowner to undertake proceedings through the civil courts to try and obtain justice under the Act. Most Solicitors have no knowledge of park home law and very often will not take cases on due to the ambiguity and loopholes in the Act. Trading Standards officers cannot take action as although a park home is a caravan, therefore chattel, because it is used as a residence, it falls outside their jurisdiction. As one Trading Standards investigator told PHRAA “Park Homeowners are up the creek without a paddle”.
(18)…. Q… Like most people I enjoy my privacy in my home, if I buy a park home will I enjoy the same privacy as in my bricks and mortar?
A…. Very unlikely. Park homes especially those on new development parks are arranged in neat rows at the bare minimum of six metres (20ft) apart on pitches (plots) extending a bare 3 metres (10ft) from the walls of the home. The park owner very often stipulates that the park is “Open Plan” which means that no plants, bushes, shrubs or fences are allowed so all you have is grass or gravel between you and your neighbour with nothing to define your plot from next door. Owing to the close proximity of the homes and the fact that modern park homes have large windows it is almost certain that whilst sitting in your lounge, you will be unable to avoid looking straight into your neighbours bedrooms etc., and vice versa. It should also be taken account that the walls of a park home are very much thinner than a conventional home, you may be able to hear your neighbours radio, TV and/or conversations. Also usually taking up a large space on your tiny plot may be a concrete parking space and possibly a metal storage shed, which great reduce your garden area. Sitting out in the garden in privacy would be impossible.
(19)…. Q…What is the extent of any manufactures guarantee period on my new park home?
A…. This is a very complicated question to answer and can prove to be a minefield for anyone who has purchased a park home and experiencing problems concerning faults developing due to the manufacture or incorrect siting of the home following delivery.
The first point to make is that a park home is a chattel and purchased in exactly the same way as a car, TV or any other product obtained from a shop or dealer. However having said that there are several important differences unique to the park home industry.
1… A park home as with most other goods purchased from a shop or dealer comes complete with a 1 or possibly 2 year guarantee, which covers the home against any faults occurring, due to faults in manufacture, within that stipulated period. In the case of a car, TV or other goods the guarantee period starts from the date of purchase however long those goods have been with the dealer, on the shop shelf or floor awaiting sale.
When you buy a park home, in particular a home already stationed on the park awaiting sale, the situation is very different. The home is purchased by the park owner, who is responsible for siting it and the manufacturers guarantee period starts from the date the park owner takes delivery, as he is the owner of the home until it is sold. The problem with this is how long the home has remained on the park prior to be being sold. If as frequently happens homes remain unsold for long periods, which can be several months or even years, (4 years is one example) by the time an unsuspecting buyer is found, the manufacturers guarantee will have either expired or only have a short period left. This can and frequently does cause the innocent purchaser severe problems should the home develop faults. The manufacturer will say the faults are the responsibility of the park owner, as he is the person or company you purchased it from, and vice versa, with the helpless homeowner left tearing his hair out trying to get the faults rectified other than by paying for the repairs, which may be very expensive, out of his own pocket, or having to take costly and time consuming legal action to try and obtain satisfaction through the Courts. Whenever you consider buying a park home already in situ on a park, check the metal identification number on the home and contact the manufacturer to verify the actual date of manufacture. You will then know if the manufacturers guarantee is still valid and for how long.
2…. Park homes can only be purchased through the owner of your chosen park. This applies even if you have chosen a home from a manufacturer. The park owner will then add his own siting fees of as much as £100,000 plus to the price quoted by the manufacturer. A fact that may well come as quite a shock to the unsuspecting purchaser.
Most parks assure prospective purchasers that the home is covered by the !0 year warranty scheme administered by the National Park Homes Council (NHPC) one of the park home industries trade associations. This may well lead the unsuspecting buyer to believe this to be a similar scheme to that offered by the builders of conventional houses, which guarantees to rectify any faults that occur within that period with bricks and mortar. IT IS NOT!.This Warrantee issued free on new homes by most park owners only covers load bearing elements of the structure. It does not cover rotting door and/or window frames, rotting wall panels caused by water ingress, floors etc. PHRAA has on several occasions approached the operators of this 10 year warrantee scheme requesting information as to the numbers of homeowners who had been successful when making a claim. As yet we have had no response. PHRAA did however receive a letter from the administrators praising our work on behalf of park homeowners nationally, which was very nice, but did not answer the question.
(20)….Q.. I am very concerned about the security and community aspects of park home life. Do park home sites have residents associations or if not could I form one?
It depends very much on the type of park owner whether or not there is a residents association or if one can be formed. If the park has an approachable, good and fair park owner the residents will be happy and contented and may feel that a residents association is not necessary except perhaps for social purposes such as arranging trips out and other social functions. Also a good park owner may welcome and encourage a democratic residents association, as he will be able to discuss the day to day running of the park or any plans he may have regarding same, with a small group of residents (the committee) rather than to hold meetings with, or write letters to, every individual resident. However where a park has, or is purchased by, an unscrupulous park owner then it may be very difficult or impossible to maintain an existing established residents association or form one from scratch.
The 2006 Amendments to the 1983 Mobile Homes Act include the right of residents to have a residents association on parks subject to the criteria set out in the Act, which states that in order that the park owner is obliged to recognise the association as a Qualifying Residents Association specific conditions must be complied with. These are as follows….
(a)…. It is an association representing the occupiers of park/mobile homes on that site.
(b)…. At least 50% of those occupiers are members.
©…. It is independent of the park owner, who together with any agent or employee of his is excluded from membership.
(d)…. Subject to paragraph (c) above membership is open to all occupiers that own a Park/mobile home on the park.
(e)….. It maintains a list of members, which is open to public inspection together with the rules and constitution of the residents association.
(f)…. It has a Chairman, Secretary, Treasurer elected from the members.
(g)…1..With the exception of administrative decisions taken by the Chairman, Secretary and Treasurer acting in their official capacities, decisions are taken by voting and THERE IS ONLY ONE VOTE PER HOME and…..
2…. The park owner has acknowledged in writing to the Secretary that the association is a Qualifying Residents Association, or in default the Court has so ordered.
Unfortunately for residents on parks with an unscrupulous owner, the existence of a residents association uniting the residents on his park is the last thing he wants. Unscrupulous Park Owners maintain their power over their unfortunate residents by operating the strict “Divide and Rule” tactic, especially where there is a mixture of new and older homes. The slightest hint that the residents are trying to band together to form a residents association strikes, instant fear into his very being and will bring forth acts of intimidation, harassment, threats of eviction, even threats of violence, against any residents involved, concentrating his efforts on those he considers are the ringleaders. Even if the residents are successful in achieving the minimum number needed (50%) to form a new association, or are struggling to maintain one already established, by picking out the weakest, most elderly and those living alone, the unscrupulous park owner will soon be successful in crushing any efforts by the residents to achieve and maintain the 50% needed to be recognised as a “Qualifying Residents Association” under the criteria set out in the Act. If residents are successful in fulfilling the criteria set out in the Act, should the unscrupulous park owner refuse to recognise it as a “qualifying RA”, then the only route open to them is to apply to the local County Court for an order requiring that the park owner complies with the Act.
The purpose of this article was to answer some of the important questions you should ask yourself before contemplating buying a park home. PHRAA sincerely hopes that the information it contains will help you make an informed decision as to whether the park home lifestyle is right for you. Further information also NOT AVAILABLE ANYWHERE ELSE regarding every aspect of park home life is freely available for downloading on the PHRAA website or by contacting PHRAA direct.
Compiled and published for PHRAA by Ron Joyce. General Secretary. PHRAA. March 2008.
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