A A

STEP BY STEP SELLING GUIDE

Mobile Homes Act 2013 banner-V2To anyone contemplating the sale of their park home privately, you may be aware that the Government have recently passed the Mobile Homes Act 2013, which came into force on 26 May 2013. This Act amends and updates the previous legislation in a number of important ways. The following information applies even though your current agreement began before the Act came into force.

Keeping to the following new rules should ensure that the sale of your home goes ahead as smoothly as possible.

From Sunday 26 May 2013, if you want to sell your home, you must take the following steps:-

1.   You are free to place your home on the market with whomever you wish without having to advise the park owner of your intentions.

2.    Once you have found a prospective buyer and agreed to sell your home to that buyer, you must by law give the buyer certain documents at least 28 days before the date when you intend to complete the sale of your home and assign the agreement (unless the buyer agrees to a shorter period being given).

The documents which you must provide to your proposed buyer are as follows:-

  1. A copy of the agreement/written statement
  2. A copy of any previous assignment of the written statement
  3. A copy of the Park Rules
  4. Written details of any charges payable in respect of electricity, gas, water, sewerage or other services supplied to the park home, including details of when these charges are payable and when they are next due for review
  5. 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
  6. A copy of any current warranty for the home and
  7. A copy of any structural survey of the home, the base or the pitch which you have had carried out by a surveyor in the previous 12 months.

3.    As well as the documents set out above, you must also by law provide the following information to your prospective buyer, again not less than 28 days before completion of the sale (unless the buyer agrees to a shorter period of time being given)

  1. The proposed sale price of the park home
  2. Details of the 10% commission payable to the park owner on completion of the sale
  3. Details of the pitch fee, including when it is payable and when the annual review date is
  4. Details of any pitch fee arrears and of any agreement you may have reached with the park owner for clearing the arrears
  5. The council tax band for the park home
  6. The name of the park owner and the address where any notices may be served on them
  7. The name and address of the Local Authority which licenses the Park
  8. An explanation of the form and notice assignment
  9. The date when the assignment first started and if you were not the original owner, the date when the agreement was assigned to you
  10. If your agreement started before 26 May 2013 and has not been assigned since that date, an explanation of the assignment process and the effect of any Refusal Notice or Refusal Order on the prospective sale
  11. A statement that you are the legal owner of the park home, that the home will be vacant upon completion and that there are no outstanding loans relating to the home and
  12. Details of any legal proceedings relating to the home, the agreement or the park which you are involved in and which are ongoing at the time when you give the buyer the information.
Park Home Living will make available a ‘Notice to Proposed Occupier’ Form to their clients, who wish to advertise through them.

4.    Both you and your intended purchaser must complete a ‘Notice of Proposed Sale Form’ and send it to the Park Owner at the address they have given you as the correspondence address at least 21 days before the proposed date of completion of the sale.

Park Home Living will make available a ‘Notice or Proposed Sale Form’ to their clients who wish to advertise through them.

5.   Once the Park Owner has received the Notice of Proposed Sale from you, if they wish to object to the proposed sale and assignment, they must within 21 days of receiving the Notice of Proposed Sale

  1. Send you a notice that they have applied to the Residential Property Tribunal for an Order to prevent the sale from going ahead (a ‘Refusal Order’) and
  2. Apply to the Tribunal for a Refusal Order.

6.    The Park Owner can only object to the sale if the proposed buyer, or someone who is intending to live with them

  1. Does not meet any minimum age limit on the Park
  2. Wants to keep any types of animals which are not permitted on the Park
  3. Wants to park vehicles of a type which are not permitted on the park, or
  4. Wants to park more vehicles on the Park than are permitted.

7.    If the Park Owner does not take both of the steps set out in Paragraph 5 above within the 21 day period, then your sale and assignment can go ahead without needing the Park Owner’s approval. You should use the ‘Notice of Assignment Form’ to transfer your agreement to the buyer, which both you and your buyer will need to sign.

Park Home Living will make available a ‘Notice Assignment Form’ to their clients who wish to advertise through them.

8.  Within 7 days of the sale of your park home completing, your buyer must complete and send the Park Owner a ‘Notice of Assignment’ form, which must state

  1. Your name
  2. The name of the buyer and of anyone else who intends to live in the park home with them
  3. The address of the park home
  4. The date of assignment of the agreement
  5. The sale price of the park home and the amount of commission payable to the Park Owner and
  6. A forwarding address for you.

9.    After receiving the Notice of Assignment the Park Owner will provide your buyer with the details of the bank account where they must pay the Park Owner’s 10% commission – the buyer must then pay the Park Owner the commission within 7 days of the Park Owner providing these details.

10.   Finally, if you fail to provide any of the information required in paragraphs 2, 3, 4 and 8, you will not have complied with the new Act, which could lead to the assignment being unlawful and/or a civil claim being made against you by your buyer and/or the Park Owner for breach of statutory duty.

 

 

We are able to recommend the use of John Clement of Turbervilles Solicitors who can conduct the sale of your park home. For more details please find their contact details by clicking though here.