A large part of PHRAA’s work on behalf of Park Homeowners nationwide involves endless research into all aspects of the park home lifestyle and the effects of Legislation on Park Homeowners.
Due to a Clause in the new Legislation governing Park Homes which came into force on the 1st October 2006, the park home owner now has the right, subject to his obtaining a Court Order, to move your home to another pitch on the park for the process of re-development.
Prior to October 2006 the park owner was only able to move the home in the case of essential or emergency work on the pitch or park, unless otherwise stated in your Agreement (contract). As contained in the previous Legislation the park owner remains liable for all costs incurred during such a move, BUT WHAT HAPPENS IF THE HOME IS DAMAGED DURING THE MOVING PROCESS EITHER BY ACCIDENT OR DESIGN.
Most Homeowners will probably assume that the Insurance they have on the home will pay for such damage, BUT THIS IS NOT THE CASE. YOUR HOME IS NOT COVERED BY YOUR HOME INSURANCE DURING THE MOVE.
Please note the following extract from a letter to PHRAA from he head of TOWERGATE BAKERS the largest and most respected Park Home Insurance Company……
“Insurance Re: Park Home Insurance. Relocations.”
“ concerning the problems arising from Park Owners taking advantage of the recent Legislation changes to relocate homes within their parks.
Whilst I can only speak for our own park home policy underwritten by Norwich Union I would suspect that our competitors would take a similar view. Our policy provides insurance for the park home and its contents whilst the home is sited. No cover is offered or available for park homes which are damaged whilst being moved between pitches. In our view any liability for such damage must be the responsibility of the people moving the home or indeed their liability insurers. “ End of quote.
So there you have it. Before you agree or are forced by a his successful application for a Court Order, to have your home moved by the park owner, you must ensure that any damage caused by the move is covered by the park owners insurance. First ensure that the park owner has liability insurance by insisting that you are shown a copy of his cover. Obtain in writing an assurance that any damage will be immediately repaired. Insist that the park owner pays for a valuation of the home in its present sited position and condition and a full structural Survey of your home by a reputable surveyor appointed by you, not one that is either engaged or recommended by the park owner, before it is moved.
As the reason for the move is obviously of direct financial benefit to the park owner, in that it enables him to cram in extra homes, it should be up to him to make sure that the move is carried out to the highest standards, and the minimum disruption to the occupier. Do not accept any assurances that are not in writing. Park Owners liability for the costs must also include any storage costs for personal effects incurred during the move, also the cost of alternative accommodation (Hotel etc.,) necessary until the move is completed to your satisfaction.
Any movement of homes is going to have a very traumatic effect on the resident concerned, especially where that resident is very elderly and/or frail. Every item in that home will have to be carefully packed to avoid damage and then placed in storage having to be unpacked again when the move is completed. Any garden will be destroyed, and of course their postal address will change, as they will be on a different part of the park. All the inconvenience will be caused to the homeowner alone. It should also be remembered that should things go wrong, and the home is severely damaged or even wrecked beyond repair, either by design or accident, it is you the homeowner who will be homeless, not the park owner. Where an Unscrupulous Park Owner is involved you will face months or even years of Court Action attempting to obtain recompense for the loss of your home.
This is yet another example of the new legislation giving extra powers to the park owners to the detriment of the long suffering park homeowners.
If you or your fellow residents are a park homeowner in this situation or expect to be in the future, please let PHRAA know. All information treated in confidence.
Ron Joyce. General Secretary PHRAA.
