Park Homes

Permanent Residential Parks in Peterborough

Park Homes Legislation

Site licences are issued by the Local Authority under the "Caravan Sites and Control of Development 1960 Act. The conditions attached to the licence are based on the Department of Transport, Local Government and the Regions "1989 Model Standards" The Caravan Sites Act 1968 and the Mobile Homes Act 1983 set out the rights and obligations of site owners and park residents.

Enforcement

The City Council can enforce site licence conditions the 1989 Model Standards and certain health and safety issues. The Council does not have any jurisdiction over such matters as tenancy issues, pitch fee increases, individual terms and conditions, but can prosecute in cases where a park resident has been harassed by a site owner with the object of causing him to leave.

Inspections

Every park has a full inspection every 3 years, to ensure that site licence conditions are being complied with. A report is issued to the park owner, who is given time to remedy any contraventions, and re-inspections take place until full compliance is achieved.

Licence Conditions

The site owner has responsibilities governed by the licensing authority (the City Council); as a resident, you have an obligation under park rules and your written agreement to comply with statutory requirements. Ultimately, the licence conditions are there for the health, safety and wellbeing of all, so it is in everyone's interest to comply.

Removing fences/hedges

The City Council has a duty of care to enforce site licence conditions which ensure the risk of fire spread from pitch to pitch is minimised. This is often achieved by creating a fire-break.

Change of Site Ownership

An agreement between a site owner and a resident is binding on the site owner who made the agreement and on any new owner of the site. Agreements will continue to apply in full if the site is sold or inherited.

Disputes Relating to Fees/Charges

Your Agreement will set out the action that the site owner can take against you. You should seek advice from a solicitor or the Citizens Advice Bureau as soon as possible about any dispute of this sort. Ultimately, if the matter is not resolved and you withold payment, the site owner may have the right to take court proceedings against you for payment of the money and even to obtain a court order to evict you, but such powers cannot be exercised unreasonably.

Purchasing Gas Bottles from someone other than the Landlord

If there is a term in your Agreement that prohibits this you should seek advice from your solicitor or from the Citizens Advice Bureau.

Agreements

The site owner must within three months give you a written statement setting out the terms of the Agreement, giving the names and addresses of the parties and the date the Agreement commences. If he does not, you have the right to apply to the Court to obtain an agreement.

Eviction

Provided you are residing there, the site owner must give you at least four weeks notice and then must apply to the court for an order before you can be evicted. The court has the power to make a suspended order with conditions.

Changing Site Rules

Site owners can change or add site rules provided they give residents 28 days notice (preferably in writing) of their intention to do so, and residents agree to the changes. Your written agreement should state that if a third of the residents on a park do not agree a rule change, there should be a public meeting for both sides to make their case, then a vote. A simple majority of those present then decides the issue. If a third of residents have not raised objections at the end of the 28 days, the proposed change is deemed to have been accepted.

Housing Benefit

Mobile home residents may be able to claim housing benefit depending on their circumstances.

Increasing Pitch Fees

The park owner can, by right, raise the pitch fee annually by the rate of inflation. Any rise above this amount must be justified by the owner to the residents in writing, and must relate to money already spent on improvements to the park for the amenity of all.

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 license issued by the City 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 planning permission has a time-limit), but the Council does attach conditions to the licences of all Peterborough's parks specifying minimum standards which must be achieved and maintained by the site owner. Licence conditions for Peterborough's parks are the "1989 Model Standards" issued by the then Dept. of the Environment, which form an integral part of the 1960 Act, and also form 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

Good Practice Guide

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.

Mobile Homes Act 1983

If you own your mobile home and live in it on a permanent basis as your only residence you are protected by 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 "Mobile Homes - a guide for residents and owners", Housing booklet No 30, available free from Development & Renewal.

The Caravan Sites Act 1968

This legislation contains provisions for the protection of occupiers against 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 designed to interfere with the peace and comfort of an occupier with the intention of causing them to leave".

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 always 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 Peterborough City Council 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 tenant and landlord. The Council is unable to act on behalf of tenants or landlords 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 solicitor or your local Citizens Advice Bureau before taking such action.

Permanent Residential Mobile Home Parks in the Peterborough City Council Area

Address	number of units Licenced for	Owner/Agent	Site Contact	Description
Brookfield, Werrington	39	Mr P Whiteley	David Holmes, Manager Tel. 01733 571666	Residency - over-50s: Retierment Park
Dukesmead, Werrington	111	Mr P Whiteley	David Holmes, Manager Tel. 01733 571666	Residency - over-50s: Retierment Park
47 Fengate	2	Endex Residential	Endex Residential Tel. 01733 566621	Residency - mixed
Fengate Mobile Home Park	114	Mr & Mrs S Smith	Fred Rawcliffe, Manager Tel. 01733 569088	Residency - mixed
Keys Mobile Home Park, Parnwell Way, Peterborough	100	Berkeley Leisure	Site Office Tel. 01733 562024	Residency - mainly over 50s
Myrtle House Mobile Home Park, Newark Road	34	Louise & Susannah Willetts	Mr Patrick, Manager Tel. 01733 311787	Residency - mixed
Pioneer Caravans, Thorney Road, Eye	100	Mr C.J.Norris	Mr C. J Norris Tel. 01733 222263	Residency - mixed
Tasman Caravan Park, Peterborough Road, Eye	33	Mr L Saunders	Nigel Wright, Manager Tel. 01733 223285	Residency - mixed
Werrington Grove, Werrington	32	Mr P Whiteley	David Holmes, Manager Tel. 01733 571666	Residency - over-50s: Retirement Park

For more information contact the Private Sector Housing Team

Useful Links

British Holiday and Home Parks Association

Telephone 01452 526911

National Park Homes Council

Telephone 01252 318251

National Association of Park Home Residents (NAPHR)

Telephone 01492 535677

Independent Park Homes Advisory Service (IPHAS)

Park Home Residents Action Alliance

Telephone 01902 373462

Park Home Legal Services

Telephone 01275 373762

Office of the Deputy Prime Minister Park Homes webpages

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