Responsibility for repairs and maintenance

Disputes can arise over things like:

• who is responsible for a blocked drain or sewer
• who is responsible for maintaining the trees on the pitch or site
• fences between pitches

Sometimes a site owner will by custom and practice carry out maintenance such as tree pruning on a pitch. But what happens when the site changes hands? Will the new owner be bound by the previous arrangement?

The starting point for all repair and maintenance matters on a park home site is to check the written statement or pitch agreement and see what it says on the matter.

The pitch agreement is a legally binding contract and so both parties will be obliged to comply with the obligations contained within it. If one party is refusing to comply with the terms of the agreement, the aggrieved party can take action in the First-tier Tribunal (Property Chamber) (FTT) (in England) or Leasehold Valuation Tribunal (in Wales) to enforce the agreement.

If the agreement is silent or unclear on responsibility we can turn to the implied terms to the Mobile Homes Act 1983 (as amended by the Mobile Homes Act 2013) for guidance. It is advisable to also consider the Model Standards 2008 which require site owners to meet certain standards for amenities on the pitch as part of their licence conditions.

The Consolidated Implied Terms to the Mobile Homes Act 1983 contain the following paragraphs which are relevant.

In Wales, see paragraphs 21-22 Schedule 2 of the Mobile Homes (Wales) Act 2013.

Occupier’s obligations:

21.  The occupier shall—

(c) keep the mobile home in a sound state of repair;

(d) maintain—

(i) the outside of the mobile home, and

(ii) the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home,

in a clean and tidy condition; and

(e) if requested by the owner, provide him with documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement.

Owner’s obligations:

22. The owner shall— 

(c) be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home;

(d) maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site;

23. The owner shall not do or cause to be done anything which may adversely affect the ability of the occupier to perform his obligations under paragraph 21(c) and (d) above.

The Model Standards for Caravan Sites in England and Wales 2008 represent those standards normally expected as a matter of good practice on caravan sites (sites containing permanent residential homes).

The Model Standards specify the layout and provision of facilities, services and equipment for mobile home sites.  The local authority will consider these standards in applying the conditions that may be attached to a site licence.

An example of a standard is that the name of the site must be displayed on a sign in a prominent position at the entrance to the site, together with a copy of the licence and contact details of the licence holder or site manager.

The Model Standards require the site owner to:

• provide and maintain in good condition, suitable roads and for these to have adequate surface water/storm drainage
• connect every caravan to a hard surface footpath and to maintain it in good condition
• provide adequate lighting or roads and footpaths to allow safe movement between dawn and dusk
• provide suitably surfaced parking spaces to meet the requirements of residents and their visitors
• maintain common areas to which the public have access and keep in a clean and tidy condition. Grass and vegetation shall be cut and removed at regular intervals. Trees shall be maintained
• ensure the supply of electricity, water, drainage and sewerage
• maintain the electricity supply and installations to an adequate standard and ensure any works are done by suitably qualified personnel in accordance with statutory requirements
• provide pitches with an adequate water supply to meet the reasonable demands of the caravans on site. New installations must meet current British and European standards and be maintained by suitably qualified contractors
• provide surface water drainage where appropriate to avoid standing pools of water
• ensure there be satisfactory provision for foul and waste water drainage either by connection to a public sewer or sewage treatment works, or by discharge to a properly constructed septic tank or cesspool approved by the local authority. All facilities for drainage and sewerage must meet current British and European standards and be maintained by suitably qualified contractors