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The Park Homes Charter

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Ending Your Agreement

BRINGING THE AGREEMENT TO AN END
You can bring your agreement to an end and remove your home from the park by giving 28 days written notice to the park owner. When this happens, you are entitled to the return of any unexpired pitch fees paid in advance.

However, a park owner wishing to end the agreement has to apply to the County Court for permission. This can only happen if the Court is satisfied of one or more of the following: [HB9]

• That the home owner has broken a term of the agreement and has not put this right when asked to do so:
  The most common way of breaching the agreement is not to pay the pitch fees (to the extent that they are not in dispute) on time. Recommended practice for the park owner is to investigate with the home owner why they are behind with their pitch fees and to try to agree a timetable for payment of arrears. It may be helpful to refer the home owner to a debt counselling service such as that offered by the Citizens' Advice Bureaux. Proceedings in court should only be used as a last resort. A minimum of 28 days' notice must be given. The court will only give leave for termination if it is satisfied that it is reasonable to do so.
  
  It will sometimes be necessary for the park owner to take action against a home owner in the interests of other home owners and good management. Again court action is a last resort when other ways of resolving the problem have failed.

• That the home owner is not occupying the home as his/her only or main place of residence:
  Park owners should make sure the home owner is living somewhere else and is not merely temporarily absent from home for any reason, before proceeding to court. It is important, therefore, that the home owner should advise the park owner in writing of any prolonged period of absence in order to avoid misunderstandings. Where possible, the park owner and home owner should discuss the question before proceeding to court.

• That the home, having regard to its age and condition, is detrimental to the amenity of the park, or is likely to become detrimental in the near future:
  Very old and unsightly park homes can be quite out of place on a park and the law recognises this. The way the law works is to require the park owner to show that a home is having a detrimental effect on the quality or pleasantness of a park, because of its age and condition. It is not enough for a home simply to be old, it must also be detrimental because of its condition. Normally the home will be an obvious eyesore, out of place among the majority of homes on the park. Sometimes parks will consist mainly of old homes but that does not prevent the court from finding that a home is detrimental if the court is satisfied on the evidence that this is the case.
  
  Buyers of older homes need to be aware of this provision and should seek advice from an independent experienced surveyor on the structural condition and from the park owner if they have any doubts. A park owner who intends to bring an action based on the age and condition of a park home, shall tell the home owner and any prospective buyer of the home, in writing, of his intention.