The Mobile Homes (Site Rules) (England) Regulations 2014 came into force on 4th February 2014.
- The Park Owner must, in relation to the Protected Site concerned, consult
(a) every occupier and
(b) any Qualifying Residents Association on any proposals in accordance with Regulations.
- All existing Rules which have not already been banned will cease to be enforceable within a year of the Rules Regulations coming into force.
- If a Site Owner wishes to Retain Rules, they must make Replacement Rules by Autumn 2014
- Any New Rules that are made must not concern matters that are banned, must not discriminate against any group of persons or give the Site Owner discretion as to how they are applied.
- To make New Rules, a Site Owner will be required to publish Consultation Papers which will set out the proposed New Rules and the effect the adopted Rules will have on the site.
- The minimum period of Consultation will be 28 days, the Site Owner must then consider and take into account of any written representations he has received before deciding which Rules shall apply.
- The process by which Rules are agreed must be transparent which is why the Site Owner must publish the outcome of the Consultation if there is evidence that there has been irregularity in making the proposed Rule.
- An important feature of the scheme is for the New Rule to be deposited with the Local Authority. Rules that are accepted for deposit will be regarded as having been validly made can be relied upon to check someone’s eligibility to live on the Site.
- The replacement Rules will also be enforceable and binding on the Site Owner and Residents and become part of the Pitch Agreement.
- Local Authorities will therefore need to satisfy themselves that Replacement or New Rules deposited with them have been made in accordance with the Statutory procedure.
- The Local Authority will also be able to charge a reasonable fee for the deposit of Rules with them and must publish the Rules on their website.
Barred Park Rules
The following are types of rules that are banned from being made.
(A) Any Site Rule which aids sale blocking or interferes with the sale of homes such as those that:
- Require a resident to sell the home to the Site Owner or offer him first refusal if the home is put up for sale. Or alternately requires the resident to receive or accept any bid from the Site Owner to purchase the home.
- Require a resident to market the home for sale (whether exclusively or not) through the Site Owner or other person or body nominated by him.
- Prevent the resident from marketing the home through an estate agent or in any other way the resident chooses.
- Prevent the resident from using a Solicitor or other person in the process of the sale transaction.
- Prevent the resident from advertising the home for sale by means of an advertising board on the pitch or attached to the home (unless the local planning authority has designated the area advertising board free)
- Prevent any sale poster being affixed to the inside of a window.Require a resident to register or notify the Site Owner of an intention to market or sell the home.
- Require a resident to obtain a survey of the home and or pitch or permits the Site Owner to undertake such a survey.
- Require in any way for the Site Owner to be involved in the sale transaction including agreeing to the assignment and checking and agreeing paperwork.
- Require any assignment to be conducted in the presence of the Site Owner.
- Require a resident or prospective purchaser to supply to the Site Owner or any other person or persons:
the name and address of the prospective purchaser and those of any other person intending to live with the buyer,
any contact details of the above named people including work details – for example, land or mobile phone numbers and email addresses.
- Request a resident or prospective purchaser to supply to the Site Owner or any other person or persons:
birth or marriage certificates of the prospective purchaser or any other person intending to live with the buyer,
details of ethnic origin, sex, sexual orientation of the prospective purchaser or anyone intending to live with the buyer,
any bank statements, details of bank or credit accounts and vehicle registration numbers,
any form of reference that might be required, including a credit reference.
- Require a prospective purchaser whether through the auspices of the resident or otherwise to communicate or exchange correspondence with the Site Owner or other person or persons.
(B) Any rule that restricts the home owner’s activities and use of the site or prevents them from exercising their rights such as those that:
- Are contrary to the Implied Terms of Chapter 2 of Part 1 of Schedule 1 of the Mobile Homes Act 1983 (as amended) including for example
any rule permitting the Site Owner to access the home or pitch or move a home other than in accordance with the Act.
- Allow the Site Owner to reduce the size of the pitch or its re-orientation.
- Absolutely prohibit a resident from making any improvements to the home or pitch.
Allow for the collection of deposits and charging for other services or permission in addition to the pitch fee, utility charges and for parking sheds.
- Purport to threaten eviction for failure to comply with the rules.
- Allow the site rules to be changed other than the procedure set out in the site rules regulations.
- Require all visitors to the site to report to the Site Owner or the office.
- Restrict any person whether or not with vehicles to visit any home on the site at reasonable times of the day or in the case of an emergency at any time or prevent residents from allowing visitors to stay overnight for the purpose of a holiday or other short term arrangement.
(C) Any rule or purported rule that promotes restrictive trade practices such as those that:
- Require residents to purchase only goods or services of any description supplied by the Site Owner or such other person as he nominates (including heating oil or LPG)
- Require residents to only use such tradesmen as the Site Owner nominates (including the Site Owner).
For more information on Park Rules click here to access the Government Lease Advisory Service on Park Rules.