When spending money on a “bricks and mortar” house, almost everyone takes legal advice.  However, very few purchasers of new park homes actually do so, despite the very high amounts of money that these homes can cost, and the serious problems that can arise during or after purchasing a park home.

Here are some matters which are important to check. The best way is to have a Solicitor experienced in park home law look at matters for you and not to buy without taking advice.

The actual purchase of the home

Often there is little, if any, paperwork relating to this. The way it normally works is that the homeowner to be enters into a purchase contract with the site owner. The site owner then has its separate contract with the manufacturer.

Here you will naturally want to be sure of what you are paying for.  The law as well treats this as a contract under the Consumer Rights Act 2015 and so there are key terms (even if not in the paperwork) for instance as to the home being in line with the pre purchase description of it, being of “satisfactory quality” and /or sited on the park with reasonable skill and care.

However, things that quite often just are not clear are the timeframe for the delivery of the home, and also what warranty is available.  Be wary as well that for the warranty to be valid, it may need registration after purchase.

The agreement for the home to come to the site

As a buyer, you want somewhere for the home to go and also to make sure you have rights provided by the mobile homes’ legislation.  A site owner should present you with a document called a Written Statement which needs to be considered carefully.

However, there can be some key points that come up.  Here are some:

• Planning permission. Key to any home having the benefit of the legislation is that there is in existence for the part of the site where the home is to go, a planning consent for the home to be there, and for full time use, i.e. not a holiday site.  Any responsible site owner should have sorted this before trying to sell homes, but sadly this does not always happen and sometimes homes are sited and money taken from buyers where the home is not lawfully on the site.  It is vital to check.  If there is a problem, then the local council can be asked to say if this is okay.
• With the council, it is also important that the home is on the site in compliance with site licence terms. As an example, and due to fire risks, homes must be suitably spaced.  Again, any responsible site owner should make sure this happened, but it is another point to check with the authority, as it is not always so.
• What interest does the named site owner actually have in the site? This again is very important.  Ideally, you want the site owner to own the freehold of the site.  If so, then your agreement will keep going for as long as for instance the home remains in a decent state.
  That however is not so where the site owner just has a lease.  If the site owner is not the freehold owner, then the homeowner agreement is not watertight for the homeowner for a period longer than what is left under the site owner’s lease.  In a case decided in 2020, Wyldecrest Parks Management Limited v Turner, and with this well-known site owner just having a short lease of the site, this point was confirmed once again.
  There is a part of the Written Statement where the site owner needs to be clear on this and state its interest if under a lease.  However, and wrongly, it quite often is simply answered “N/A” (for not applicable) which is just not true.
  A leased site then leaves a homeowner facing not having any rights to keep the home on the site after the site owner lease ends.   As such, purchase on a leased site is very risky.
• Is the plan in the Written Statement okay? This is sometimes overlooked, even though the law says there must be one, or otherwise so basic to be meaningless.  This can for instance lead to possible disputes over the likes of parking, as there might be an argument over what land is for the homeowner as part of the plot.
• Whilst a lot in the Written Statement is standard on all sites, check what is put in for what is called “express terms”. These days, some site owners are putting much more in the express terms than has been the case over the years, likely seeking to get around some of the legal protection given to homeowners by the legislation.

We are here to help

Whilst many will be happy with their purchase and new life, there are some serious matters to check upon as just explained.

To try and avoid problems coming up, and even if it might be said you do not need a solicitor, do consider taking legal advice before agreeing to a new home purchase.

We are happy to advise clients not just before they buy, but also to advise a buyer having problems but after they have bought. Action might be possible even if you are in the home.  It is best to take advice as soon as you are concerned, as some steps have time limits.

If you would like to contact us to discuss the legal aspects of purchasing a park home, please contact Tim Selley, a Partner at WBW Solicitors in Exeter who specialises in park home law, on 01392 260141 or email timselley@wbw.co.uk.

WBW has offices in Torquay, Paignton, Newton Abbot, Exeter, Bovey Tracey,  Exmouth,  Honiton,  Sidmouth,  Launceston,  Axminster, Chard and Seaton.

This article is intended to provide information only and reflects our understanding of legislation at the time of writing. Before you make any decision, we suggest you take professional financial advice.