MOBILE HOMES: A GUIDE FOR RESIDENTS AND SITE OWNERS

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MOBILE HOMES: A GUIDE FOR RESIDENTS AND SITE OWNERS

Solution MOBILE HOMES: A GUIDE FOR RESIDENTS AND SITE OWNERS
Pitch fees and the other terms of the agreement
This section describes the rules about the express terms of
the agreement between site owner and resident. Both parties have the
right to ask the court or an arbitrator to change these terms, within
six months of the date the site owner gives the resident the written
statement. If either party is in any doubt about the terms, he or she
should get legal advice.

What are the rules about pitch fees?
The agreement between site owner and resident set out in the written statement will normally include express terms whichfix the pitch fee the resident has to pay the site owner, when it is tobe paid (weekly or monthly, etc) and how it is to be reviewed each year.

The site owner can at first only ask the resident to pay the pitch fee mentioned in their agreement and he or she can only increase
(or reduce) the pitch fee as the agreement allows him or her to. If an
agreement does not include any of these terms about pitch fees, either
the site owner or the resident can go to court, or to an arbitrator,
within six months, to ask for them to be added. Both site owner and
resident also have six months in which to ask the court, or an
arbitrator, to change the terms about pitch fees in their agreement.
The rules about adding to or changing the terms about pitch fees are
the same as those for other express terms of the agreement (see earlier questions on express terms).

Residents and site owners should think very carefully about the initiallevel of pitch fee and about the arrangements for it to be increased.

What other charges can a site owner impose?
Any charges, for services, for example, which the site owner asks the resident to pay, should be included in the express terms of the agreement set out in the written statement. Both resident and site owner can try to get them changed as they can other express terms of the agreement (see What other terms should be included in agreements? below).

What other terms should be included in agreements?
It is up to the resident and the site owner to agree what express terms shouldbe included in their agreement, though those terms must not conflict with the rights given by the Mobile Homes Act 1983. For residents on site before 20 May 1983, the terms will be those which applied on that date. For people who came on to site after 20 May 1983, the terms are those which the resident agrees with the site owner. The agreed terms must be set out in the written statement the site owner gives the resident.

Neither party can change the rights given by the Mobile Homes Act 1983 (see Mobile Homes Act chapter) but they can agree to change or remove other terms (see What are the express terms about? question) or to add terms (see below) or they can ask a court, or arbitrator, to do so.

What terms can the resident or site owner ask to be added to agreements?
If the resident and site owner cannot agree on additional terms, they can ask a court, or arbitrator, who can order that terms must be added to the agreement about the payments a resident has to make (see Pitch fees chapter) and also:

to provide for the resident's quiet enjoyment (in Scotland, undisturbed possession) - that is, for the resident to be able to live in the mobile home without interference; to say what services the
site owner will provide, what improvements he or she will make to those services and what use the resident is entitled to make of them;
to provide for the way in which the amenity of the site is to be preserved;
to provide for the site owner to repair and maintain the site;
to provide for the resident to repair and maintain his or her mobile home;
to provide for the site owner to have access to the pitch on which the resident's mobile home is stationed.

Either party must apply to court, or to an arbitrator, within six months of the date the site owner gives the resident the written statement, for any of these terms to be added. The court or arbitrator will then add terms on a basis which they consider just and equitable. After the six months is up, the site owner and resident can only add terms to their agreement if both agree.

Disputes
How can a resident and site owner settle a dispute if they cannot agree between them?
If the resident and site owner cannot settle a dispute, they can ask a court or an arbitrator5 to sort it out. Either of them can apply:

for the terms of the agreement to be changed or new terms to be added (see Can the contents of the agreement be changed? question);
to settle a dispute about the way in which the agreement works.
The resident can also apply:

to claim a written statement (see The written statement chapter).
The site owner can also apply:

to bring his or her agreement with a resident to an end (see Bringing the agreement to an end chapter).
How do the resident and site owner decide whether to go to court or to an arbitrator?
The appointment of an arbitrator must be agreed between site owner and
resident. If they cannot agree, they must ask the court to settle their dispute. The agreement set out in the written statement may include express terms saying that disputes are to be settled by arbitration and who the arbitrator is, or how he or she is to be appointed. Both resident and site owner can challenge these express terms as they can other express terms (see What are the express terms about? Questions).

Arbitration may sometimes be quicker and cheaper than the courts, but residents and site owners should consider the terms about
arbitration in their agreements very carefully. Once they have agreed
to use an arbitrator and accepted the terms that deal with his or her
appointment they must refer their disputes to him or her and accept his or her judgment. They will not have the choice of going to court -
unless either of them has reason to believe that the arbitrator may be
biased (perhaps because he or she is related to, or has a business
connection with, the other party).

If one party believes the arbitrator is biased, he or she can ask the court to set aside the appointment of the arbitrator and any decision the arbitrator has made.

If there are no express terms about arbitration in their agreement, the site owner and resident can still agree in writing to appoint an arbitrator instead of going to court.

Is there an alternative form of arbitration?
The park homes industry has established an arbitration scheme to resolve pitch fee disputes. This is administered by the Chartered Institute of Arbitrators. For further information, contact the Institute at 24 Angel Gate, City Road, London EC1V 2RS.

Other Issues
Conditions on site
What are the rules about conditions on mobile home sites?
Privately owned sites must have a licence from the local authority, which will normally carry conditions affecting such matters as:

how many mobile homes there may be on site;
landscaping;
fire precautions;
health and safety.
The site owner must keep to the conditions attached to the licence. Any complaints about site conditions which cannot be resolved by discussion with the owner should be made to the local authority. Guidance is issued on licence conditions by the Office of the Deputy Prime Minister and the Office of the National Assembly for Wales in the form of model standards6. There are similar model standards for sites in Scotland issued by the Scottish Executive Development Department.

Must site owners display their site licence?
Yes. A copy of the site licence must, by law, be displayed where residents can see it.

Gas and electricity
Is there a maximum price for metered gas and electricity?
Yes.
Maximum prices are fixed for the re-sale of mains electricity and gas.
A resident who pays for these by a meter supplied by the site owner
should not be charged more than the maximum price laid down for the
amount of electricity or gas he or she has used. Any resident who
thinks he or she may have been overcharged should contact energywatch (phone 0845 906 0708).

Renting a mobile home
What rights does a resident who rents his or her mobile home from the site owner have?
The Mobile Homes Act 1983 does not apply to residents who rent their mobile homes. They may, however, have other forms of protection - depending on their circumstances - in particular whether or not the mobile home is firmly fixed to the ground and connected to services.

In general,
residents who rent their homes from private site owners and whose
letting agreements started before 15 January 1989 may be protected by
the Rent Acts if they fulfil the conditions in the Acts. Those who are
protected may have the right to apply to the rent officer to have a
fair rent registered and they may have security of tenure in their
home. Information about the fair rent system and security of tenure
under the Rent Acts is given in housing booklet Regulated Tenancies.

Residents
whose letting agreements started on or after 15 January 1989 may be
assured tenants, or assured shorthold tenants, with security of tenure,under the Housing Act 1988, if they fulfil the conditions in the Act. See housing booklets Assured and assured shorthold tenancies - a guide for landlords or tenants.

In Scotland, residents who rent their homes from private site owners may be protected under either the Rent Acts or the Housing (Scotland) Act 1988, depending on whether their letting agreements started before or after 2 January 1989. Further information is given in corresponding
booklets produced by the Scottish Executive Development Department, Assured Tenancies in Scotland - Your Rights and Responsibilities and Regulated Tenancies in Scotland - Your Rents, Rights and Responsibilities.

Residents
who rent their homes from local authorities may have rights under the
Tenants' Charter and may also have the right to buy their mobile homes.

Information about these rights is given in housing booklet Your Rights As A Council Tenant - The Council Tenants Charter, and in the booklet Your Right to Buy your Home.

Where can residents who rent their mobile homes find out more about their rights?
The housing booklets referred to above are free and should be available from rent offices, council offices and housing aid centres. The rights of residents who rent their mobile homes will, however, depend on the details of their own situation. A resident who wants to find out exactly what his or her position is should get advice from a solicitor or a Citizens Advice Bureau.

Can mobile home residents get help in paying their rent?
Inmany cases, yes. People who own the mobile home in which they live and rent the pitch from the site owner, and those who rent the mobile home itself may be able to claim a rent allowance or rebate under the
housing benefit scheme, depending on their income, size of family, the
level of rent, and the cost and size of the property. Details of the
housing benefit scheme are available from local authorities' Housing
Benefit Departments. Information can also be obtained from a Citizens
Advice Bureau.

Council tax
How does council tax affect mobile home residents?
A mobile home which is someone's sole or main residence (ie his or her
main home) is subject to council tax. Responsibility for the bill falls on the resident. A 25 per cent discount applies if he or she lives alone.

A residential mobile home which is temporarily empty is still considered to be a dwelling for council tax purposes. Unoccupied
mobile homes may be exempt from council tax for up to six months
whether furnished or not.

Within a local area, the council tax will vary between the different council tax valuation bands according to proportions laid down by law. These proportions are set out in the
ODPM booklet Council Tax - Valuation and Banding. Most mobile homes fall within the lowest valuation band, and the residents
therefore pay the lowest possible rate of council tax for their area.
Some homes, however, will be in a higher band, and therefore attract a
higher council tax.

Permanently sited caravans which are no one's
sole or main residence are normally subject to non domestic rates, for
which the site owner is responsible. The rates bill for the whole site
is paid by the site owner who can agree with the occupants how he can
recover the appropriate amount for holiday caravans. If residents on
mixed holiday and residential sites want further information on whether their caravan is subject to council tax, they can ask the appropriate council or local valuation office for details of the council tax valuation list.

How can I find out about my valuation?
The Listings Officer (an officer of the Valuation Office Agency based at the local valuation office), not the council, is responsible for the valuation and banding of dwellings. Each council responsible for
collecting the council tax (normally the borough or district council)
has a copy of the valuation list for its area from the Valuation Office Agency. This list is available for public inspection at council offices or at the local office of the Valuation Office Agency.

Council tax benefit scheme

Council tax benefit of up to 100 per cent is available for council tax payers who are on income support or low incomes. The amount of benefit depends on the amount of the council tax bill, income, savings and personal circumstances. Taxpayers already getting housing benefit will not usually need to make a separate application for council tax benefit. Local authorities administer the council tax benefit scheme and will be able to advise on benefit entitlements for individual cases.

Holiday homes
Can someone who uses a mobile home or caravan for holidays get the protection of the Mobile Homes Act 1983?
Not necessarily. The Mobile Homes Act 1983 does not apply to people who use their mobile home or caravan for holidays. It only applies to people who have agreements to station their home on land forming part of a "protected site", and to occupy the home as their "only or main residence". A site which has planning permission or a site licence granted for holiday use only, or which is subject to a condition that it must be closed for part of the year is not a protected site.

This means that people who live on such sites, even if occupying a mobile home as their main residence, do not come under the protection of the Mobile Homes Act 1983.

For the planning consent and/or site
licence to be changed the site owner must approach the Local Authority
to change the use of land. The Local Authority may or may not grant
permission for change of use following such an application, or may
grant it subject to conditions.

The mobile home in law
What is the legal definition of a mobile home?
The legal definition of a mobile home is the same as that for a caravan. Broadly speaking, it covers any structure designed or adapted for people to live in which is capable of being moved from one place to another (whether by being towed or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted. This does not include railway stock on a railway line which is in use, nor tents. It does include twin units separately constructed and designed for assembly on site, provided that the twin unit is physically capable of being moved when assembled (whether by being towed or by being transported on a motor vehicle or trailer). The twin unit must be no more than 60ft (18.288 metres) long, 20ft (6.096 metres) wide and the living accommodation no more than 10ft (3.048 metres) high.

The question of whether any individual mobile home is within this
definition can only be decided finally by a court. If you are not sure
whether the definition applies to your mobile home you should consult
your local authority or Citizens Advice Bureau or seek advice from a
solicitor.

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Article details

Article ID:	100
Category:	Landlord & Tenant
Date added:	15-02-2009 07:36:18
Views:	388
Rating (Votes):	(4)

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