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Consult to get a result

october legalWho pays for the improvements to the infrastructure of a park? It can be a confusing and contentious issue. Aimee Hutchinson, a solicitor at Blacks Solicitors LLP and part of the Holiday and Home Parks Team, and Ibraheem Dulmeer, legal advisor at The Leasehold Advisory Service, demystify the consultation process in relation to improvements on a fully residential park home site

There is often confusion in the park home industry about the consultation requirements that must be complied with when it comes to improvements on a park home site. Any recovery of costs spent on improvements would be sought via the pitch fees and the annual pitch fee review process. As a result this can be one of the most contentious matters on residential parks.
In this article our experts attempt to demystify the consultation process in relation to improvements on a fully residential park home site so that both park and home owners have a better understanding of the issue...

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Pitch fee reviews explained again

leasePitch fee reviews can often be a bone of contention between residents and park site owners. Cassandra Zanelli, a partner at Taylor & Emmet, and Ibraheem Dulmeer, a legal advisor at LEASE explain how you can avoid running into problems and disputes

A pitch agreement is a contract which sets out a number of obligations and responsibilities between a site owner and a park home resident.

The terms of this agreement state the amount of the pitch fee and when it is to be paid to the site owner.

In some instances the pitch fee includes utilities but where this is the case, it should be outlined clearly in the pitch agreement.

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A guide to the Implied Terms: Six key questions answered

august legalJohn Clement, a partner and head of Turbervilles’ Litigation and Dispute Resolution team, and The Leasehold Advisory Service’s Ibraheem Dulmeer examine the Statutory Implied Terms in your written agreements

All residential park home occupiers in England have had the benefit of a number of contractual terms, known as the ‘Statutory Implied Terms’, which are automatically included into their occupation agreements as a result of changes to the 1983 Mobile Homes Act. These terms apply to all agreements on residential (but not holiday) parks in England. In this article we will be addressing six questions that are often asked by park home owners and site owners alike.

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Buying and selling a park home: a brief guide

july legal We look at the recent changes to the procedures for buying and selling a park home. John Clement, a partner and head of Turbervilles’ Litigation and Dispute Resolution team, and the Leasehold Advisory Service’s Ibraheem Dulmeer examine the main issues

On 26 May 2013 the Government introduced a new procedure that must be followed whenever a used residential park home is bought or sold on a site in England. One of the main reasons for this change was to take the process out of the control of the site owner, as there were concerns that some park owners had been unfairly trying to prevent home owners from selling their homes. The new procedure is intended to give occupiers greater protection.

One effect of this is that both buyers and sellers of park homes now have much more responsibility to ensure that the transaction is completed properly. If any mistakes are made this could lead to the assignment of the agreement being unlawful, and to costly disputes between the parties.

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Six of the best!

junelegal1There are some park home-related legal questions that keep cropping up. Ibraheem Dulmeer, of the Leasehold Advisory Service (LEASE), asks Cassandra Zanelli, of solicitors Taylor & Emmet LLP to unravel six of the most common of them

The Leasehold Advisory Service (LEASE) provides a free telephone helpline for anyone with queries about the laws relating to fully residential park homes in England.

To make it easier to find the information you need, we have asked property management expert, Cassandra Zanelli, a partner at Sheffield solicitors, Taylor & Emmet LLP, to address six of the most frequently asked questions. Read on to find out more...
 
Q: Is the Retail Prices Index (RPI) used in the pitch fee review process? I understand the figure is no longer ‘official’.
A: In March 2013, the Office of National Statistics (ONS) decided the RPI figure was no longer a ‘national statistic.’ However, they still publish it on a monthly basis and it is still used in the pitch fee review process in England. You can find the latest figures on the ONS website.

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The new licensing laws... explained!

The new licensing laws ...explained!New licensing laws for park home sites came into force two years back, causing confusion in some quarters. Solicitor Kirstie Apps, of Stephens Scown, and Ibraheem Dulmeer, from the Leasehold Advisory Service (LEASE) explain the legislation and how things have changed

In order to run a site with homes that are for year-round residential use (park homes) there is a requirement for relevant planning permission and for a site licence from the local authority.

The Mobile Homes Act 2013 has made significant changes to the park homes world. In addition to amending the terms implied into all agreements to which the Mobile Homes Act 1983 (as amended) applies, it has updated the legislation which was introduced in 1960 to deal with, among other things, the enforcement of site licence conditions on what is now defined as relevant protected sites.

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