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05/3/2022 at 6:51pm
Location: None Entered
Outfit: residential park home
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First question - is this definitely a residential park, or simply a leisure park with a 12 month licence and operators who turn a blind eye to people living full time?
I would suggest contacting Willerby and asking for confirmation that this is a residential park home, not just an upgraded leisure home (they are a good manufacturer and will be very helpful).
IF it is a residential park, the you will have to live in it as "your only or main home".
I live in a residential park home, and yes, when the wind is in the right direction we notice the window trickle vents (which can sometimes feel as if coming from the floor) but have never felt the need to close them.
The trickle vents will prevent condensation by keeping air circulation, and should not be blocked off.
The floor vents will be gas-drop vents, and must NEVER be blocked off - they are intended to make sure that in the event of a gas leak, gas does not build up indoors - if you are on LPG this is extremely important, as this is a heavy gas and will sink. This is also why the "skirting" around the base of the home must have air vents - bottom for LPG, top or middle for mains gas.
I would also very, very strongly urge you to use a (specialist) solicitor for the purchase, as there are many places which can be a bit loose with the facts when selling leisure statics as if they are residential. If you want the full protection of the Mobile Homes Act (and you do!) then you must purchase on a park that has the correct planning permission and the correct licence.
I also recommend looking at the Gov website for Park homes,
https://www.gov.uk/government/collections/park-homes
which outlines some of the things you should be aware of - and this is especially important if you are buying privately, rather than from the park itself, as there is quite a lot of paperwork involved.
Please do a LOT of research into park homes (try the website parkhome-living.co.uk) and park operators, and if you select a park walk round and talk to as many residents as possible about what it is like.
Remember that when selling a park home, 90% of the price goes to the seller, 10% is paid to the park each time it is sold. You cannot use a residential park home as a holiday or 2nd home, you cannot sublet it or take in lodgers or paying guests, and you cannot get equity release on it. The pitch fee will increase once a year by RPI, and there will also be normal household bills to pay.
I have lived in a park home for 8 years, find it extremely comfortable, and our local estate agent has a waiting list of people wanting to buy (mostly friends or relatives of people already on the park) - which is an indicator that they are quite nice to live in.
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06/3/2022 at 2:39pm
Location: None Entered
Outfit: residential park home
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Good to know that you have checked the site licence and planning permission.
My previous post was badly phrased – by KWH I meant our personal KW unit consumption for gas and electric; we used our meter readings to check the bills and keep a running tally of what we were using, so this would be individual to use. The same can be done by using the utility bills and just keeping a record.
We live in the South East, so is a warmer part of the country.
It does sound as if the Willerby you looked at was intended for a 12 month leisre site – although BS3632 is indeed the spec. for residential use, there does seem to be a difference between homes manufactured for residential use and homes manufactured for 12 month leisure use. It might be the actual structure itself , but one of the commonest comments from people living in a residential park home is how comfortable they are. The other difference is that a home built for residential use usually has better storage, and facilities for things such as washing machines, tumble dryers, dishwashers etc.
The reasons I recommend a specialist solicitor are quite a few, so I will put them in a separate post to follow to make it easier to read.
Do bear in mind that if you are purchasing on a site being redeveloped (as we did) you may be living in the middle of a building site for some time – while it is great fun to watch, it will also be noisy, dusty or muddy at various times. The advantage of this is that you get a better choice of pitches and homes,the disadvantage is that you are not really going to know what it is like until everything is sited and occupied.
Also bear in mind that although the park will have site rules, they will not be binding until the park is occupied, the consultation process can take place, and the site rules are lodged with the council – if the park does not do this, you effectively have no site rules.
Check out who owns the site, whether they own other residential sites or whether they are either (a) completely new to this, or (b) a seasoned operator who has purchased an existing holiday site to make it residential (happening a lot lately). If completely new, be aware that they themselves may not know very much about the Mobile Homes Act, so be prepared to check what they do.
Alternatively, if they are the same owners who ran it as a holiday site, investigate whether they have decided to change to residential OR whether they have applied for restrospective planning because people were already living on site. If retrospective, that is a big red flag as if they were not too bothered about the legislation then, they will not be too bothered about the legislation now or in future (this is just one of the reasons I recommended using a specialist solicitor to purchase).
It is always worth while researching the park owners to see what pops up – the majority are reputable, but as in any business, there are the ignorant, the confused, and the downright rogues, all of which are best avoided.
Ask if they can give you a draft copy of the Written Statement that you would receive if you purchase (if you want to see what it should look like, the website parkhome-living.co.uk will have examples).
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06/3/2022 at 2:41pm
Location: None Entered
Outfit: residential park home
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Part 2:
Use a solicitor:
1/The licence and planning may say residential – does that cover all homes or just some? (good example – site with 143 homes, called residential park – but 139 homes are on a leisure licence, just 4 on residential).
2/Is your pitch inside the approved planning area? If it is outside, you will be the one who comes home to find the council have put an enforcement notice on your front door.
3/Is the land the park is on owned or leased by the park owner?
BIG importance – the Mobile Homes Act give security of tenure , even if the park changes hands your terms and conditions remain unchanged. BUT – if the land for the park itself is leased, then your rights end when the lease does.
It is not unknown for company A to subdivide itself to A and B.
Company A owns the park, company B owns the land. Company B leases the land to company A for – say – 10 years.
At the end of 10 years, Company A tells all the unhappy owners “I can extend the lease but you will have to pay XXXXX to stay” – and this is quite legal!
4/. Is the owner solvent? If they have no funds, then there is a risk that you will live on a semi-finished site for a long time.
5/ You do not really need a solicitor for this bit, but before placing a deposit find out (in writing) whether it is fully, partly or non-refundable if you do not go ahead. There are different procedures for homes already on site, and homes that will be manufactured and put on site. If it is being manufactured for you, you should have the opportunity to pick some of the fixtures, fittings and decor.
Run a mile if you are buying a home not yet sited and are asked for full payment up front.
Any solicitor you pick - make sure they know what you mean when you ask, "please check that this is a Protected Site under the meaning of the Mobile Homes Act".
IBB Turbervilles have been highly recommended elsewhere.
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07/3/2022 at 8:37am
Location: None Entered
Outfit: residential park home
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Quote: Originally posted by iank01 on 07/3/2022
Our friends had a static on a residential park and it was sold. From that point life was made very hard for them and others and eventually they were "forced" out.
The new owners wanted to change the status of the park The new owners wanted to change the status of the park and could only do so if those living there permanently moved on. Even though they employed a solicitor at great cost eventually for peace of mind and less stress they sold up and moved on. It happens!
"The owner wanted to change the status of the park" which means change from leisure use to residential use. Therefore it was NOT already a residential park, and while I am sorry for your friends, had they purchased a residential park home on a site that already had planning and licensing for residential use, the new owners could not have forced them out,or changed any of their existing terms and conditions. They would not even have needed a solicitor. Which is why a proper residential park is know, in law, as a Protected Site under the meaning of the Mobile Homes Act.
There are numerous reports of people who make no research, assume that there is no difference between a leisure site and a residential site, and end up homeless. Just because a site can be used for 12 months, and/or just because people are already living there and the park owners have not taken any action, does not make it residential - it HAS to have the proper planning and licensing in place for residential use.
I repeat. do the research, buy on a genuine residential site, and you have full security of tenure.
Or do not do the research, buy on a leisure site, and risk being made homeless.
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07/3/2022 at 9:34am
Location: Worcestershire
Outfit: Buccaneer Cruiser
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Quote: Originally posted by 22seaside on 07/3/2022
Quote: Originally posted by iank01 on 07/3/2022
Our friends had a static on a residential park and it was sold. From that point life was made very hard for them and others and eventually they were "forced" out.
The new owners wanted to change the status of the park The new owners wanted to change the status of the park and could only do so if those living there permanently moved on. Even though they employed a solicitor at great cost eventually for peace of mind and less stress they sold up and moved on. It happens!
"The owner wanted to change the status of the park" which means change from leisure use to residential use. Therefore it was NOT already a residential park, and while I am sorry for your friends, had they purchased a residential park home on a site that already had planning and licensing for residential use, the new owners could not have forced them out,or changed any of their existing terms and conditions. They would not even have needed a solicitor. Which is why a proper residential park is know, in law, as a Protected Site under the meaning of the Mobile Homes Act.
There are numerous reports of people who make no research, assume that there is no difference between a leisure site and a residential site, and end up homeless. Just because a site can be used for 12 months, and/or just because people are already living there and the park owners have not taken any action, does not make it residential - it HAS to have the proper planning and licensing in place for residential use.
I repeat. do the research, buy on a genuine residential site, and you have full security of tenure.
Or do not do the research, buy on a leisure site, and risk being made homeless.
They were on a proper residential park which is why they bought, but I am not sure of the reason for the status change.
Our friends had a static caravan and I think the owner of the site wanted only park homes so made life very uncomfortable for them and the others in the same situation. They got peanuts for their static. This could happen to any park.
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07/3/2022 at 10:32am
Location: None Entered
Outfit: residential park home
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Quote: Originally posted by iank01 on 07/3/2022
They were on a proper residential park which is why they bought, but I am not sure of the reason for the status change.
Our friends had a static caravan and I think the owner of the site wanted only park homes so made life very uncomfortable for them and the others in the same situation. They got peanuts for their static. This could happen to any park.
There must be more to it tan that; possibly the site had a dual licence, residential and holiday, and your friends had purchased a holiday van to live in, not on the residential section.
If the static/home was on a pitch within the residential planning and licensing area, then they could not have been forced to sell and vacate. Had they wanted to sell, then they would have been free to sell on the open market, not via the park. A bad site operator can make life unpleasant enough to make people want to move, but a solicitor should have been aware that there are legal recourse via either the local council licensing department, and/or the residential property tribunal to force the site owner to comply with legislation and stop harassing the home owner. It is so, so important to carry out a lot of independent research.
Another link below, this time from shelter, explaining under what circumstances a residential home owner can be evicted - it requires a court order.
https://england.shelter.org.uk/professional_resources/legal/possession_and_evictio........
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