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Warning Bulletin No 35 - Park Owners right of entry to your Pitch???? |
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Written by Ron Joyce
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Thursday, 15 November 2007 |
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WARNING BULLETIN No 35
Park owners right of entry to your Pitch???
WATCH OUT, PARK OWNERS SURVEYORS ABOUT!!
"As part of the ongoing development of the park we will be employing an independant specialist to survey the homes externally. In order to comply with the regulations under the Mobile Homes Act 1983 we must give 14 days notice prior to entering your pitch."
The above is the first paragraph of a letter addressed to all residents distributed by a well known park operator recently.
Section 14 of the consolidated Impled Terms of the 2006 Amendments to the Mobile Homes Act 1983 states that the park owner may enter the pitch for any reason other than an emergency by giving at least 14 days notice in writing of the date, time and reason.
Although at firest glance this amendment may appear to be an improvement to the homeowners right to "Quiet enjoyment of the Park/Mobile Home and Pitch." However, closer examination of the practical implications for the homeowner reveals that there is no provision incorporated within this term, giving the homeowner the right to refuse entry if he considers the park owners reasons are not reasonable, justified or the homeowner has reason to suspect that an ulterior motive for gaining entry is involved.
As this clause appears to give the park owner the right to enter the pitch. It does not give him or anyone he employs the right to carry out a survey of YOUR HOME which will involve a risk of damage to the home by ladders being placed against the home and someone clambering all over the roof, banging and prodding the structure, wall panels etc; and crawling underneath the home or otherwise interfering with YOUR HOME in any way, without first obtaining your full permission in writing.
PHRAA would strongly advise any park homeowner in receipt of such a letter as that quoted above to immediately write back to the park owner stating that you forbid him, his agents, employees or any independant specialist, from carrying out unathorised (by you) a survey on YOUR HOME or interfering with YOUR HOME in any way, without he first obtains a Court Order.
Should a park homeowner allow a survey of his home to be carried out he may well find that the report will be used against him as evidence to suport any action the park owner may undertake to gain possession of your home and pitch.
Compiled and produced for PHRAA by Ron Joyce General Secretary. November 2007
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Last Updated ( Saturday, 17 November 2007 )
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