Your legal rights and responsibilities as a park home owner

These legal rights and responsibilities are also known as implied terms found in the written statement that forms part of your pitch agreement. In England, they come from the Mobile Homes Act 1983, as amended. In Wales, they come from the Mobile Homes (Wales) Act 2013.

A protected site or regulated site means one that has a licence and planning permission for people to live there year-round. It does not include holiday-only sites or sites where occupation is restricted to certain months of the year.

You have the right to quiet enjoyment. This means you have a right to live in your home peacefully – free from harassment and unreasonable interference from the site owner or anyone acting on their behalf.

Examples of unreasonable interference include:

• blocking access to areas you are allowed to use
• interrupting your supply of gas and electricity
• continuous loud noise
• harassment, intimidation or threats
• repeated unreasonable disturbance

Check what to do about harassment from the site owner

Access to your property

The site owner can access your pitch (but not the park home itself) without giving notice between 9am and 6pm to read an energy meter or deliver post. They should give reasonable notice if they need to carry out emergency work or essential repairs. Otherwise, they must give you 14 days’ written notice stating the date, time, and reason.

Your park home can be moved to a different pitch if the site owner needs to carry out essential or emergency work. For example, they might need to move it to repair the base or make good the pitch after a natural disaster like a flood. For any other reason, the site owner must apply to the tribunal and prove the move is reasonable.

The new pitch must be similar to your existing one and the site owner must pay all costs – for example, to move the home or reconnect you to utilities.

If the move is because of work to the base, you have the right to have your park home returned to the original pitch once the work is complete. If the site owner refuses you can apply to the tribunal.

Selling your park home

You have the right to sell your park home.

The site owner can charge up to 10% commission on the sale price. They cannot charge VAT on the commission, and they cannot charge any other fees.

You do not need to get the site owner’s permission to sell or their approval of the buyer. But if you bought or were gifted the park home before 26 May 2013 in England or 1 October 2014 in Wales, you need to tell them who your buyer is and the site owner has very limited grounds (reasons) to challenge the sale at a tribunal.

Gifting your park home

You have the right, during your lifetime, to gift (give) the park home to a family member.

The site owner cannot charge commission or any other fees on the gift.

You do not need to get the site owner’s permission to gift the park home or their approval of the person who receives it. But if you bought or were gifted the park home yourself before 26 May 2013 in England or 1 October 2014 in Wales you need to tell them about the gift and the site owner has very limited grounds (reasons) to challenge it at tribunal.

Remember, this does not mean the person can automatically live in the home (for example if the site has an age restriction or if it will not be their main or only home).

Leaving a park home in your will

You have the right to leave your park home in a will (it does not have to be to a family member).

The site owner cannot charge any fees to you or on the inheritance. But if the person who inherits decides to sell the park home their buyer will have to pay the site owner commission.

The following will automatically be able to carry on living in the park home when you die:

• a family member living with you at the time you die
• your husband, wife or civil partner

Someone who is not living with you or is not your husband, wife or civil partner will have to get approval from the site owner to live there.

Find out more: inheriting a park home

Pitch fee

A pitch fee is a regular charge you must pay to the site owner if you own a park home. It covers your right to keep your park home on the site, maintenance of the site, and use of shared areas such as roads and paths. It does not usually include utilities like electricity, gas, water or sewerage unless your agreement says otherwise.

The site owner can only review the pitch fee once a year and must follow the correct legal process and rules on increases.

If you disagree with an increase, you can withhold the increased amount until the site owner applies to a tribunal to resolve the matter.

Find out more: pitch fees for park homes

Information about costs and charges

You have the right to ask the site owner for evidence explaining:

• a new pitch fee
• charges for services – for example, for gas, electricity, water or sewerage
• any other charges, costs or expenses you have to pay

The site owner must provide this information for free.

Being consulted on site improvements

You have the right to be consulted about improvements to the site, especially when they might increase your pitch fee. This includes being given 28 clear days’ written notice of the improvement work.

Find out more: repairs and improvements

You have the right to end the pitch agreement by giving 4 weeks’ written notice to the site owner. If you do, you also have the right to recover any upfront payments made under the agreement for the period from the agreement end date.

You will be expected to vacate the pitch and either remove the home or arrange for it to be sold on the pitch (if the site rules allow and a buyer is found).

Find out more: ending a pitch agreement

As a park home owner, your minimum responsibilities under the implied terms include:

• pay the pitch fee on time
• pay for services supplied by the site owner – for example gas, electricity, water or sewerage
• keep the park home and pitch in a good state of repair
• keep the park home, pitch and any fences or outbuildings on your pitch clean and tidy

Extra responsibilities

It’s important to check the express terms in your written statement and any site rules (also known as park rules) to see if you have any extra responsibilities. Not every site has site rules.

The site owner has minimum legal responsibilities under the implied terms.

The site owner must:

• repair the base your park home sits on
• maintain services they supply to your pitch or park home – for example, gas, electricity, water or sewerage
• keep shared parts of the site clean and tidy – for example, access roads, site boundary fences and trees (unless they are your responsibility)
• provide evidence explaining charges, costs or expenses if you ask for it – they cannot charge a fee for this
• consult you before making improvements to the site if they want to charge you for those improvements
• not interfere with your ability to keep the home and pitch in a good state of repair and tidy condition
• provide accurate written details of your pitch and base if you ask for them – they can charge up to £30 for this
• give you an address in England or Wales where notices can be served

Extra responsibilities

It’s important to check the express terms in the written statement and the site licence to see if the site owner has any extra responsibilities.

In England: implied terms detailed guidance from GOV.UK

In Wales: implied terms detailed guidance from the Welsh Government