Mobile home parks - licensing
As a mobile home resident you are probably in the unusual position of owning your home but not the land on which it is situated. There are several pieces of legislation relating to mobile homes:
Caravan Sites and Control of Development Act 1960
All mobile home parks must have a licence issued by the council by virtue of this Act. The council cannot refuse to grant a licence and a licence cannot be issued for a limited period (unless the planning permission has a time-limit), but the council does attach conditions to the licences of all mobile home parks, specifying minimum standards which must be achieved and maintained by the site owner. Licence conditions for North Lincolnshire Council parks are the "1989 Model Standards" issued by the Deptartment of the Environment, which forms an integral part of the 1960 Act, and also forms the basis of regular site inspections carried out by the council. Items covered include:
- marking of site boundaries
- spacing between mobile homes for fire safety
- provision and maintenance of fire fighting equipment
- display of notices - including a copy of the site licence
- specifications for roadways and footpaths
The council cannot address any matters outside the scope of the site licence conditions. These can only be tackled by you under your rights contained in the Mobile Homes Act 1983. This Act gives you the right to have a written agreement which sets out both the site owner's and your responsibilities.The agreement must contain the name and address of the site owner, a description of the pitch to which the agreement relates together with implied and express terms.
Implied terms cannot under any circumstances be changed, and cover issues such as:
- the duration of the agreement
- rights of termination of the agreement
- recovery of overpayment in the event of termination
- rights to sell or gift your mobile home.
- park owners' entitlement to commission on sale of home
Express terms, on the other hand, can be altered either by agreement or by order of the county court. Express terms vary from park to park and will cover such matters as pitch fees, service charges and details about maintenance responsibilities for the site and the homes on it. The Mobile Homes Act potentially provides you with extensive rights. Unfortunately it is only enforceable through the civil courts which means that you must pursue any action yourself, usually with the assistance of a solicitor. The council is not able to intervene on your behalf. For more information see frequently asked questions (below).
The Caravan Sites Act 1968
This legislation contains provisions for the protection of occupiers against eviction and harassment and is enforced by the council.
Harassment, in the legal sense - which is the only type of harassment over which the council has any control - is confined to a site owner "illegally depriving occupiers of occupation" of their mobile home or "carrying out acts calculated to interfere with the peace and comfort of an occupier with the intention of causing them to leave" or "to stop them exercising a right or remedy that they may have".
Any other form of 'harassment', for example the site owner being abusive or rude can only be addressed by the person affected and cannot be pursued by the council.
Complaints
If you have a complaint concerning a mobile home park you should try to contact the site owner or manager in the first place to give them the chance to remedy the situation. If the site owner or manager is reluctant or slow to address the problem, you should then contact the Public Health team who may be able to take further action.
Please note: Park rules and other matters not covered under the site licence are strictly an issue between the resident and owner. The council is unable to act on behalf of residents or owners in such circumstances. If you are unable to resolve any issues, you can ask a court or arbitrator to make a decision if both parties agree. You should consider seeking advice from a solicitors (yellow pages will provide a list of solicitors who operate in this area) or your local Citizens Advice Bureau before taking such action.
Frequently asked questions
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