If you buy a bricks and mortar home, it is subject to planning and building regulations. The local utilities companies such as Water, Gas, BT, and Electric will have been consulted. After your purchase there are insurance schemes such as that provided by the NHBC which developers can offer. Your property is then lodged with the land registry and you own the property and the land on which it stands. You are responsible for all the matters concerning your home such as the maintenance of all the services and structure.
There is extraordinarily little legislation that exists within the park home world and much of what does exist has been thrown together over the years by people in committees that have never lived on a residential park. The key differences to bear in mind are the fact you will live on a plot owned by someone else and your home structure which you do own does not have the same legal protection as a permanent home.
So, let us look at what does exist for the mobile homeowner.
Mobile Homes Act last amended 2015
1 “mobile home” has the same meaning as “caravan” in Part 1 of the Caravan Sites and Control of Development Act 1960, namely “any structure designed or adapted for human habitation which is capable of being moved from one place to another ( whether by being towed, or by being transported on a motor vehicle or trailer) and motor vehicle so designed ,but does not include- (a) any railway rolling- stock forming part of the railway system , or (b) a tent”
It is the case that the current act is still based on the 1960s legislation covering Caravan Sites.
A mobile home, park home or caravan are all classed as the same thing.
It is not the intention of this section of the blog to go into all the details of the present act, but this is an important aspect to bear in mind.
To qualify as a park home and for it to be legally entitled to be stationed on a residential park the home must remain mobile. That is be capable of being moved, preferably on its own wheels. Few if any residents take care of the running gear under their home. We will address maintenance fully elsewhere but for now keep this is mind.
The act outlines the responsibilities of Park owners and residents and addresses legally binding matters and entitlements. There are sections which deal with rent increases and the procedures that must be followed, security of tenure, privacy and selling of a home, among others.
Again, we will be looking at the act more fully in another blog, but this information is part of the written statement which all park homeowners should be given by the park owners.
You should see a copy and let your solicitor have sight of this before signing any agreements or handing over money.
The site licence.
The local council should have issued a site licence to a qualifying park. As well as outlining what the park owner is permitted to put on the park in the way of the number of homes it gives other information regarding the park owners obligations such as demanding adequate utilities are provided in the same manner as a normally constructed building. water, gas, electricity, foul waste, and surface water drainage are all mentioned. It also details the distance between homes, road width requirements, street lighting etc.
Any short comings here can be addressed to the local authorities licensing department. As to what action they might take is a bit of a lottery.
Consumer rights Act 2015 - CRA
A mobile home is considered in the same light as any other ‘goods and chattels’ you may own like a car or toaster to name but two examples.
The CRA 2015 offers what are known as ‘remedy’s’ where goods are not supplied fit for the purpose as expected and these are, refund, replace or repair.
If after you move in you find the roof leaks, what are you willing to accept?
A refund which is acceptable under the CRA would mean you losing your home and you having to find another place to live with all the costs associated with moving to a new house. A replacement would require you to move out into alternate accommodation again with cost of moving and perhaps rent. A repair may not restore the home to the ‘as new’ condition as required by the CRA. You could end up living in a home you continue to be unhappy with or be homeless or severely out of pocket.
Be sure you know what you are buying, make sure it is what you want and is of the quality you expect.
Home manufacturer’s guarantee.
Firstly, you may have a guarantee from the Park Home manufacturer. I say may as in many cases your home is purchased from a park not direct from the home manufacturer. In many cases the home will have been purchased by the park and sited for some long while, maybe years. It is likely that it has not been heated or well maintained.
So, you must ask yourself
What likely hood is there that the manufacturer will uphold a warranty?
What guarantees will the park owner offer if any?
If the park owner considers the manufacturer is still responsible for any snags and defects will you end up in the middle of a wrangle with a defective leaking home?
Will you be forced to accept a damaged, damp, and defective property?
Park owners guarantee.
This can be a very grey area. Most park owners consider as they have a contract with the Home manufacturer, they therefore own the warranty. True but still the warranty can lapse. Any issues you may find with your home will most likely be passed back up the line to the manufacturer who may decide the home is out of warranty and once again the debacle will ensue with you in the middle. Whilst you are faced with living with a leaking roof and damaged home the park owner and home manufacturer will probably see no urgency in resolving their quarrel. Issues have been known to go for many months unresolved.
Be sure what guarantees you are being offered and make sure there is a performance element to this.
GoldShield Warranty. https://goldshieldwarranty.co.uk/
This is a scheme set up by the National Caravan Council (NCC) into which many park home manufacturers pay creating a fund from which payments can be made in the event of structural or manufacturing faults arising within the first 10 years of a park homes life. Park owners need to register with the scheme for a home on their park to qualify for cover.
Though you need to register your home when new, it comes into effect after the park home manufacturer’s warranty expires so normally it covers years two to ten.
There is a code of practice which GoldShield have which clearly defines what must be done by the park owner when the home is first sited and then goes on the define the park home owners obligations in order that the cover is and remains valid.
While we will cover the Code of Practice in detail in another blog, the basic requirements are that the home is correctly sited and then painted every three years and inspected annually. It is a good idea to call GoldShield and clarify any concerns you may have before paying for the home.
It is the case that many homes are not sited well, and owners’ obligations not understood resulting in claims being rejected. For example, if damp should damage a home and the cause is found to be building works too close to the fabric of the home providing a route for the damp then a claim could be rejected. Many homeowners have no idea that their homes are not sited properly since they do not consult a surveyor.
Your Solicitor.
No matter how insistent a park maybe that appointing a solicitor is unnecessary, as you are considering handing over a huge amount of money for a shed, a few more shillings to get some professional guidance is money well spent. It will certainly be cheaper that the cost of appointing one when things go wrong!
As with surveyors, the choice of Solicitors knowledgeable in all things park home related is somewhat limited. Take out of the equation those who specialise in aiding and abetting park owners and the choice of professional assistance is even smaller.
One excellent practice is Cross and Cross. Cross and Cross. Cross and Cross have considerable experience of dealing with park home matters and most importantly understand in detail what a park home is and how they differ from conventional homes. They are also steeped in the vagaries that sadly exist in the park home living.
