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Wednesday, 3 October 2023

Park homes - rules and charges set by the park owner

If you own a park home (also known as a static caravan or mobile home), rules and charges are set out by the park owner. Find out the types of rules and charges the park owner can make and what to do if you want to change them.

Park rules and charges – ‘express terms’

The park owner should set out the park rules and charges in your written statement – these are known as ‘express terms’.

The express terms include:

  • your pitch fee – how much it will be, when you will pay it (for example monthly) and how it is reviewed each year
  • any services you have to pay for, like gas, electricity and water, or other charges you must pay to the park owner
  • park rules – like whether or not you are allowed to have pets or where you can park your car

Read ‘Park homes – paying for the land you use’ to find out about the process the park owner must follow to change pitch fees.

Changing the express terms of your written statement

If you disagree with any express term in your written statement you can ask the park owner if they will change or remove it. You can also ask them to add terms if there are other things you think should be included.

If the park owner doesn't agree to the changes you want, you can apply to a court (or an arbitrator) to change or remove terms. You must apply to a court or arbitrator within six months of first getting the written statement from the park owner.

You (or the park owner) can also ask a court or arbitrator to add new terms from a list set out by law. These are:

  • details of payments you have to make
  • that you will have ‘quiet enjoyment’ of the site – this means that you can live in your home without hassle from the park owner
  • information on what services the park owner provides, what improvements they will make to services, and whether there are any conditions to using them
  • information on how the ‘amenity’ of the park will be maintained – this could mean, for example, how they will maintain washing machines in a laundry room
  • that the site owner will repair and maintain the site
  • that you are allowed to repair and maintain your park home
  • that the park owner has access to the pitch where your home sits

The court will then decide what changes should be made to your express terms.

If six months has passed since you got your written statement, you can’t apply to a court (or arbitrator) to change the express terms. The only way to change them is to come to an agreement with the park owner. However, you can still apply to a court if you have a dispute with the park owner about the way your agreement works.

If the express terms of your written statement are unfair

The express terms of your written statement can’t undo any of the ‘implied’ terms. These are the terms in your agreement which are set out by law.

The express terms must also comply with the Unfair Terms in Consumer Contracts Regulations (UTCCR). If you think the express terms are unfair, you can contact the Office of Fair Trading or a Citizens Advice Bureau.

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