td ph

Print option

ph digital

What hobbies and activities do you most look forward to in the winter?





A helping hand

april legalWe speak to Ibraheem Dulmeer at LEASE, an independent organisation that advises park home residents and park owners on the latest rules and regulations, following the introduction of 2013 Mobile Homes Act. Ibraheem explains how the organisation is using new technology to help people

With a raft of changes affecting both park home owners and site owners following the introduction of the 2013 Mobile Homes Act, the Government has funded LEASE; initially set up to advise on residential leasehold issues and to offer free advice on park homes legislation to the park home community. Since May 2013, LEASE has been doing just that.

LEASE is independent and advises park home owners and site owners, as well as local authorities on the legislation and the latest regulations.

. Read more...

Dangerous trees on residential park home sites

march legalWho is responsible for the maintenance and, where necessary, the removal of dangerous trees on mobile home estates? Nicholas Dyson and Aimee Hutchinson, from Blacks Solicitors, and Ibraheem Dulmeer, The Leasehold Advisory Services’ legal advisor delve into this often problematic issue, examining an illuminating tribunal decision

Trees can be contentious matters for park home owners and site owners. This article considers a Tribunal decision that dealt with a dangerous tree on a pitch.

The First-tier Tribunal in the matter of Ronald J Turner v J J Cooper* determined that it is the site owner’s responsibility to undertake the removal of a tree within the boundaries of the pitch of a park home owner.

. Read more...

Pitch fee reviews explained

feb legalPitch 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.

. Read more...

The tribunal and park home matters

web9Resolving a dispute with your park owner can seem stressful and daunting. Crosse + Crosse Solicitors’ Tim Selley and The Leasehold Advisory Service’s Ibraheem Dulmeer address some of the issues surrounding tribunals

Going to court is often a very stressful and daunting experience. The park homes lifestyle centres on a peaceful lifestyle, so litigation is probably the last thing one wants. This article will attempt to address some of the concerns with Tribunal action. 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.

What is the First-tier Tribunal (Property Chamber)?

The First-Tier Tribunal (Property Chamber) (“Tribunal”), formally known as the Residential Property Tribunal took over hearing almost all park/mobile home proceedings on 30th April 2011. Before 30th April 2011, the appropriate place for hearing matters was the County Courts. The County Court still deals with cases where the issue is over possession (termination of home owner agreements).

. Read more...

Buying and selling a park home: a brief guide

noticeboard legal advice Visit: www.parkhomemagazine.co.uk PARK HOME & HOLIDAY CARAVAN MAGAZINE DECEMBER 2014 73 Left John Clement, a partner and head of Turbervilles’ Litigation and Dispute 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. What is different about buying and selling a park home? It is important to remember that whenever someone sells their park home on a residential park there are actually two transactions which happen at the same time – the sale of the park home itself, and the transfer (‘assignment’) of the seller’s Mobile Homes Act occupation agreement to the buyer. I bought my park before 26 May 2013, and now want to sell it. Is there a procedure that I must follow? Yes. As your agreement commenced before 26 May 2013, and if it has not been assigned or transferred since 26 May 2013, it is defined as an ‘Existing Agreement’ and the following procedure must be used: Step 1: Once a price for the home has been agreed between the seller and buyer, the seller must provide the buyer with a form called a ‘Schedule 1 - Buyer’s Information Form’, together with copies of certain key documents. The form and other documents must be supplied to the buyer at least 28 days before the date when completion of the sale of the home is to take place, unless the buyer has agreed to a shorter period. The key documents that must be sent include: • A copy of the seller’s Mobile Homes Act agreement/written statement; • A copy of the current park rules; • Written details of any charges payable in respect of electricity, gas, water, sewerage or other services supplied to the park home, including when these charges are payable and when they are next due for review; • Written details of any other charges relating to the home or the park, including any charges for the use of a garage, parking space or outbuilding; • A copy of any current warranty for the home; • A copy of any structural survey of the home, the base or the pitch which the seller has had carried out in the previous 12 months. 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 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 Buying and selling a park home: a brief guideWe 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.

. Read more...

The site rule making process

The site rule making processNew laws have introduced a procedure for making, varying and deleting park rules. Residential park site owners will be required to consult with residents if they wish to retain existing rules or make new park home site rules, as Chris Humphreys and Ibraheem Dulmeer, of the Leasehold Advisory Service (LEASE) explains

There is no legal obligation to introduce rules about the running of a site. But if a park owner chooses to do so, a strict procedure must be followed. The procedure can be found in the Mobile Homes (Site Rules) (England) Regulations 2014. Ideally, the process should be completed as soon as possible as all existing rules will only stay in force until 3 February 2015 unless action is taken before then.

However, all existing rules which have been banned will cease to have effect immediately.  For example any rule which prevents the park home owner from selling or gifting the mobile home to anyone other than the site owner.

How does this process work?
The first step is for the site owner to serve a document called a Proposal Notice on all park home owners and any Qualifying Residents’ Association (the consultee).  The Proposal Notice must clearly set out the proposals being made by the site owner and must state the reasons for making these proposals. 

. Read more...