When purchasing a Residential Park Home, many people overlook the importance of seeking expert advice. Some believe or get told it’s unnecessary, or even a waste of money. However, a recent case involving four Homeowners highlights the risks and complications that can arise without proper guidance.
This case revolved four park home owners who each paid substantial sums for new Park Homes on a site in Lancashire. At the time of purchase, none of them sought legal advice. While they signed the legally required Written Statements under the Mobile Homes Act, these agreements put down a limited company linked to the then Licence Holder as the Site Owner, rather than the individual himself.
The situation became problematic when the ownership of the site changed hands. The new Site Owners initially tried to impose significant increases in Pitch Fees. After failing to achieve this through a Tribunal, they took another approach. They claimed that since the agreements were with a company that no longer had an interest in the site, the Homeowners had no rights to remain there. Effectively, the new Site Owners attempted to force the residents to leave.
As such the homeowners faced the prospect of losing most of the substantial sum of money they had put into buying and also the ability to live on the site.
Fortunately, Tim Selley, a solicitor specialising in park home law, acted on behalf of the Homeowners. After a long hearing, the Tribunal ultimately ruled in their favour, confirming that the residents were entitled to long-term protection under the Mobile Homes Act. This meant the new Site Owners had no legal grounds to remove them. Even so, the dispute caused significant stress, anxiety, and financial strain due to the complexity of the legal process and the position taken by the site owner.
The outcome could have been very different. The Mobile Homes Act includes a provision stating that if a Site Owner only holds a lease on the land, Homeowner rights tied to that lease cease when the lease expires. While Tim successfully argued that this clause didn’t apply in this particular case, it remains a significant risk for anyone buying a Residential Park Home without proper advice.
This case illustrates how easily such complications can arise and how they might be avoided altogether by seeking expert guidance before purchase. Taking advice not only ensures your legal rights are protected but also gives you peace of mind.
If you either own a home where an issue like this might arise or are considering purchasing a Residential Park Home and want to understand your legal rights, contact Tim Selley, Partner at WBW Solicitors in Exeter. Tim specialises in park home law and can provide the advice you need. Call 01392 260141 or email timselley@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
