- Government Advice:
“Like any other home purchase, buying a park home is a major commitment. You are, therefore, strongly advised to take advice from a…professional - independent from the seller or site owner - when buying a home.” The Ministry of Housing Communities and Local Government.
- Following the correct procedure:
There may be future legal consequences if you do not seek the correct legal advice from a specialist who understands the process of purchasing a park home from beginning to end. This also applies for pre-owned park homes. Failure to meet these obligations could invalidate the transaction and prove costly. A recent, court case recently concluded that the process isn’t without its pitfalls and therefore getting legal advice should avoid any future problems.
- Understanding of the Contract:
Advice from a specialist lawyer provides you with the insight required to understand the contract between yourself and the site owner. It is prudent to have a comprehensive review on the terms and conditions of the contract. Such reports may be undertaken by conveyancers for leasehold properties and is also important to be undertaken in the buying of a park home.
The contract has express terms, agreed between the site owner and resident. These terms may include: the initial pitch fee level (commonly referred to as ground rent), the obligation on the park home resident to pay for utilities and the site owner’s duty to keep the communal parts in a clean and tidy condition.
Please be aware that there are a set of terms implied by law. These are referred to as the “Implied terms”, which are contractual terms added to the contract under the Mobile Homes Act 1983.
- Clarification of site licensing and planning permission:
Licensing for permanent residential sites differ from holiday lodge sites and your specialist lawyer will ensure that the park site you are considering has the correct licence, planning permission and contract.
- Practical guidance:
Obtaining guidance and advice from a specialist lawyer will give you the confidence required for your purchase over and above using your local high street firm. For example; it was suggested to clients that they ask if there is a Qualifying Residents Association (“QRA”) on the park home site and how it may be an idea to have an informal chat with the QRA.
- Stress reducing:
The correct guidance from a park home legal expert who understands the intricacies of park homes law will give you the confidence and reassurances you will need to purchase your new home. Having your peace of mind throughout this process makes the experience easy and more enjoyable.
Concluding thoughts:
Park Homes law is only dealt with by a handful of lawyers in the country and therefore choosing the right person with knowledge and experience is very important.
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