|
WARNING BULLETIN No15 - More vital information on gifting your park home. |
|
|
|
|
Written by Ron Joyce
|
|
Tuesday, 21 August 2007 |
( Other terms and conditions relating to gifting a park home are contained in Warning Bulletin No’s. 9, 10 & 16.)
PHRAA continues to receive an increasing number of reports from distraught relatives who, having inherited Park Homes following the death of the homeowner, are encountering severe problems with the park owner attempting, and in many cases succeeding, in depriving them of their inheritance. As a result PHRAA is continually researching this particular problem in order that all park homeowners especially those who are considering buying a park home are made aware of the latest information, not available anywhere else.
The section of the Mobile Homes Act 1983/2006, headed “Gifting a Mobile Home” Paragraph 9 in the new Model Agreement, clearly states that the homeowner can “Gift” (leave in their Will) their mobile home together with the Agreement (contract) “to a member of their family approved by the park owner, whose approval shall not be unreasonably withheld”. ( Does this mean that you have to consult the park owner whilst making your will regarding obtaining his approval as to which member of your family he will allow you to leave your home to?) That’s the impression given in the wording as written in the Model Agreement and the Mobile Homes Act.) As a well known solicitor employed by mainly park owners stated during a telephone conversation to an officer of PHRAA “If Parliament had intended it to be so it would have stated so in the Act”. So there you have it. As the Act specifies that the home is to be gifted to relatives, so relatives it is. In every other walk of life you have the right to leave your estate including your home to anybody including the local cats home if you wish, but not it seems if you own a park/mobile home. This is yet another example of discrimination against the owners of Park Homes and the absolute power given to the park owner by this Act with disastrous consequences on the lives of not only the homeowner, but their relatives and friends also.
It may be that you have no relatives or wish to leave or gift your park home to a close friend or a charity perhaps? What happens then? Does the park owner attempt to claim the home as has been known to happen. The Mobile Homes Act is specific, you can only “Gift” your park home to a relative. As no provision is made within the Act for a park home owner who has no relatives or wishes to leave their home to a friend or a charity, then the beneficiary in this case may become embroiled in a legal battle with the park owner in order to gain possession of the home and the Agreement (contract). PHRAA quotes one example of such Court Case where the park owner took action against a charity who had been left a park home in a homeowners will concerning……………..
Berkley Leisure Group v Scott and the Spastic’s Society heard on the 29th October 1992 before HH Judge Baker at Chichester County Court.
“ A testator bequeathed his entire estate to the Spastic’s Society, a registered charity. One of the assets was a mobile home (park home) with the benefit of a pitch agreement (contract) subject to the Mobile Homes Act 1983. On a preliminary issue as to whether the agreement (contract) came an end on the testators death.”
The court held… “that the Spastics Society was the person entitled to the mobile home by virtue of the deceased will and the agreement (contract) anured for its benefit under the Act”. Source of information Paragraph 4135 Current Law Year Book 1993.
Although this case was successful it does serve as an example of what a non- relative of a park homeowner may have to go through in order to benefit from their rightful inheritance.
It should be remembered that it is not just the park home that is being gifted, but the late homeowners Agreement (contract) to occupy the pitch. If the beneficiary (husband, wife, partner, son or daughter etc.,) is actually living with the deceased then they can take over the Agreement (contract) and continue to occupy the home. In other cases the beneficiary (relative) can only move into the home if they obtain approval from the park owner, whose approval should not be unreasonably withheld. Should the park owner withhold his approval unreasonably, then the only course of action available to the beneficiary (relative) is to undertake expensive and prolonged Court Action against the park owner, which could take many months or even years, with no guarantee of success. It should also be remembered that the beneficiary (relative) is liable for all charges due to the park owner from the day of the homeowners death.
Should the beneficiary (relative) not wish to occupy the home they do have the right to sell the home subject to the normal right to sell terms as laid down in the Act.
If you have experienced this type of problem, please let PHRAA know. All information treated in confidence.
Whilst compiling this bulletin PHRAA,s research has uncovered yet another disturbing practice concerning the undermining of a beneficiaries rights on being gifted a park home, which although having been operated for some time by park owners behind the scenes, is now being advertised as a new “ADVICE SERVICE” by a well known major Estate Agents Company specialising in Park Homes sales. In view of the potentially disastrous consequences for park homeowners and their relatives, we have decided to make this the subject of a separate bulletin. No. 16.
Complied for PHRAA by Ron Joyce. General Secretary PHRAA. June 2007.
|
|
Last Updated ( Tuesday, 21 August 2007 )
|
