FREQUENTLY ASKED QUESTIONS… (FAQ)
The Government have published fact sheets, which will replace the booklet ‘Mobile Homes – A Guide for Residents and Site Owners’ following the reform of the Mobile Home Act 1986 in 2006. You may like to download them direct from the government website: www.communities.gov.uk
MOBILE HOMES ACT 2013
Park homes: Guidance – England
The Department for Communities and Local Government (CLG) has published information for park home residents in England on their rights and obligations under the Mobile Homes Act 2013 (updated June 2013).
The Mobile Homes Act 2013 telephone helpline is 020 7383 9844.
There also provision for a dispute resolution service, using the FTT (First Tier Property Tribunal).
Note: There is an ongoing consultation in England on ‘Making site rules’ – which will, when enacted, ban any park rules that could, for example, block a sale. This legislation is expected to come into force in 2014. Interested parties can obtain copies of the discussion paper by emailing email@example.com
Does legislation offer any protection to owners?
It does indeed. The Mobile Homes Act 1983 and reforms since gives owners of the park homes security of tenure – and that is probably its single most important safeguard. It also gives the home owner the right to sell the home on the park, and the right to leave it to certain members of the family.
What if I sell my house and move to a park home?
Many people – around quarter of a million at the last count – are attracted by the peaceful lifestyle of a park home park. Maybe you want to increase income in retirement, or make gifts of money to the next generation. You should always take proper legal and financial advice and the NPHC recommends using a solicitor when purchasing a park home. N.B. Stamp Duty Land Tax is not payable when you buy a park home.
What documentation should I receive when I buy (new)?
Under the amended Mobile Homes Act, all prospective owners of new park homes (i.e. those purchased brand new from the park owner) must receive a written agreement from the park owner at least 28 days before they complete their purchase and move in, to give them time to understand exactly how things will work. This Written Statement is the most important document you will receive as it sets out the terms on which you are entitled to keep your home on the park and explains your rights in law. Once the agreement is signed, you will need to keep it in a safe place.
What documentation should I receive when I buy (pre-owned)?
Under the current Mobile Home Act 2013, the Park Owner cannot be involved in the resale. If you are buying a used park home, you will take over the existing Written Statement (see above) from the outgoing occupier. This will need to be formally transferred to you. This requires signatures from the seller, the park owner and you before you can move into the home. There are some solicitors and estate agents who are now specializing in the resale of park homes who can take you through all the legalities to be sure you have been made aware of them and safely guide you into your park home.
What other documents should I have?
Other documents you should receive include, park rules including matters such as whether pets are allowed and communal parking arrangements, home manufacturers owners handbook for your home, with items such as how the home should be maintained. And, if the home is new you should receive information about how to apply for the Gold Shield Warranty Certificate.
Will I have to make any other payments?
Yes, when you eventually sell the home. Your written agreement with the park owner, within the terms of the Mobile Homes Act 1983 will make it clear that a maximum 10% consideration is payable to the park owner when you sell your home. It is the quality of the Park as well as the condition of your park home that gives your home its value.