It has long been considered that malpractice is widespread across the park home sector and the Government has now acted by introducing the Mobile Homes Act 2013 and a series of Regulations. The aim of this legislation is to improve the position of mobile home occupiers by:
- Improving site rules and the position with regard to pitch fees.
- Removing the requirement for a site owner to consent to a sale or gift of a mobile home.
Approximately 85,000 households live on about 2,000 mobile home sites in England. In respect of site rules, the clock is already ticking in terms of the deadline for site owners to consult with mobile home owners before their existing rules cease to have effect and it is important that they now act quickly to receive specialist advice.
Those who operate mobile home sites now need to understand this new legislation and ensure that they take steps to act in compliance with the requirements placed upon them. A summary of the impact of the new Regulations and how we can assist as legal advisors is below:
1. THE MOBILE HOMES (SITE RULES) (ENGLAND) REGULATIONS 2014
There will be a need for site owners to comply with actions and timescales laid down by these Regulations otherwise they will have no site rules which they can validly enforce after 3rd February 2015.
Action is required by site owners at the very latest by 1st October 2014. In the absence of action in accordance with these Regulations, existing site rules will be of no effect after 3rd February 2015.
We can advise on the actions and timescales which site owners are required to take and meet and put in place an appropriate action plan. We can also provide the prescribed notices which site owners must serve upon mobile home occupiers under these Regulations.
2. THE MOBILE HOMES (PITCH FEES) (PRESCRIBED FORM) (ENGLAND) REGULATIONS 2013
There will be a need for site owners to comply with these Regulations in order to validly undertake any review of pitch fees for any individual mobile home occupiers.
We can advise on the process which site owners are required to adhere to and, again, we can also provide the prescribed notices which site owners must serve upon mobile home occupiers under these Regulations.
3.THE MOBILE HOMES (SELLING AND GIFTING) (ENGLAND) REGULATIONS 2013
The involvement of a site owner in a sale or gift of a mobile home now places them at risk. These Regulations are framed to exclude site owners from the process and contain criminal offences.
We can advise site owners on what they can and cannot do regarding a sale or gift of a mobile home, as well as what they can and cannot expect to receive from any seller and buyer, or any provider and recipient of a gift.
We are experienced in this field, and are here to help..
If you are a site owner and feel that you need any guidance on the new legislation then please feel free to contact me on 01908 660966 or by e-mail at Christopher.Buck@franklins-sols.co.uk. I can offer prompt and tailored advice to site owners on an affordable fixed fee basis, whatever the location of their park in England.