The Leasehold Advisory Service (LEASE) answers questions on a variety of topics by telephone, email or letter for park home owners, site owners and other parties with an interest in park home legislation for both England and Wales. LEASE’s Ibraheem Dulmeer and Richard Hand work through a selection of some of the most frequently asked questions

Q: I enjoy keeping abreast of the latest First-tier Tribunal (FTT) and/or Residential Property Tribunal (in Wales) (RPT) determinations. Are they binding on other sites?

Although it may be a good idea to look at Tribunal decisions over coffee on a Sunday morning, they are not binding on other tribunal cases affecting different sites, though may be cited in support of a case. However, Upper Tribunal decisions (and those of the Court of Appeal and Supreme Court) are binding on the FTT/RPT.

The decisions are published online. The FTT decisions are available here:
http://www.residential-property.judiciary.gov.uk/search/decision_search.jsp ;

RPT  Welsh decisions can be found here:
http://rpt.gov.wales/decisions-index/?lang=en

Finally, Upper Tribunal decisions are available at: http://landschamber.decisions.tribunals.gov.uk//Aspx/default.aspx

Q:  A prospective purchaser aged 65 is proposing to buy a park home with her adult son who is 37. The agreement with the current home owner was made on 20 May 2010. Are there any documents which need to be sent to the site owner?

Due to the changes brought about under the Mobile Homes Act 2013, there is a set process in which a buyer purchases a mobile home from a park home owner.

A Notice of Proposal Sale Form will need to be completed and signed by both the prospective purchaser and home owner and sent to the site owner as the agreement was made before the 26 May 2013 in England and 1 October 2014 in Wales. They will need to confirm that the prospective purchaser is able to comply with any site rules particularly regarding age as she is proposing to move into the home with her adult son. The site owner can apply for a Refusal Order to a FTT or RPT (in Wales) if he considers that the prospective purchaser will not be complying with the site rules.  An application can be made to the Tribunal within 21 days. The prospective purchaser will also need to be notified within this period.

If you need further information, please do not hesitate to contact LEASE’s park homes team on 020 7832 2525. This article is not meant to describe or give a full interpretation of the law; only the courts can do that. If you are in any doubt about your rights and duties then seek specific advice. The article covers the English and Welsh jurisdiction only.

augcover

To read more about this issue read the August 2017 issue of Park Homes and Holiday Caravan

For more advice subscribe to Park Homes and Holiday Caravan