Mobile home inheritance

badger12

Hi All,

On the Park where I live in Scotland, a man died and his kids have inherited the home. One son wants to move in.

We are being told that because he was not living with his father when he died, although he is liable for ground rent etc he has no right to move in. :mad:

I have found this fact under oldish English law but cannot find out if it has ever been amended or if it is applicable in Scotland. Some laws do differ over the border.

Can anyone help?

Paul_the_Painter

Have a look at this

http://www.communities.gov.uk/documents/housing/pdf/138271.pdf

Page 12 says this in regards to inheritance.

What happens if no member of a resident’s family is living with him
or her when he or she dies?
In this case, the rules are different. The person who inherits the mobile home will have the right to sell the home on site, and to pass on the full benefit of the agreement between the site owner and the deceased to the purchaser. The sale will be subject to normal rules about sales on site (see page 11). The person who inherits the mobile home will not, however, have the automatic right to live in it, nor to give it to a member of his or her family, unless the site owner agrees that he or she can. During the period between the death of the resident and the sale of the mobile home, the other terms and conditions of the agreement will continue to apply to the person who inherits the home. He or she will, for example, be liable for the pitch fees and for the maintenance of the mobile home as required by the agreement. In the same way, the agreement will continue to apply to the site owner, except that he or she will not be able to ask the court, or an arbitrator, to end the agreement on the grounds that the resident is not living in the mobile home.

The booklet contains references to Scottish Law where it is different, so should be a good guide to the rules governing mobile home transfers.

Basically he can stay if the site owner agrees, if not he can sell it in the normal way. Interestingly although elsewhere the document refers to the site owner not being able to unreasonably refuse to approve a new seller, for example, that provision is not mentioned in regards to inheritance.

If he sells the site owner can charge up to 10% of the sale price, but no more.

That document was the top search result on google for "mobile home inheritance law"



Shelter Scotland has this to say

Succession

In the event of your death, the pitch agreement can be succeeded by:

• your wife, husband, civil partner or opposite-sex partner (again, you may be able to argue that this includes same sex-partners), provided they were living in the mobile home with you
• any other family member who was living with you.

If no-one living with you is entitled to succeed, the mobile home and pitch tenancy will then pass on to an heir who doesn't live there. In this case, the inheritor will have no rights to live in the mobile home or give it to another family member. They will, however, have the right to sell the mobile home.
The site owner can grant the inheritor permission to move into the mobile home and live there but they don't have to.

This was the second result on Google for the search "mobile home inheritance law soctland"

Hope that explains the situation - rather than actually helping, as the news looks unhopeful for the chap who wants to move in.

The site owner may be looking for a cut of the sale though, so may be open to the suggestion of a payment to allow the son to move in and have a new tenancy agreement on the pitch - don't know how legal that is though. By that it could be totally legal - or totally illegal - no idea!

Depending on how long the previous owner was there, it may be that the rent for the pitch was very low, and the owner wants to bump it up to market levels, so that could be another avenue for discussion (pay more per month than the deceased)

PasturesNew

All sites will have rules, so he'd need to be OK for those rules. e.g. the site I was on it was "a single person or married couple only; no cohabiting at all". Others are simpler, such as "over 50s" or similar.

You don't say why he can't live in it.

badger12

He cant live in it as he is inherited it and the site owner is using that law.
They want to buy it at a knock down price! All our pitch fees are going up - seperate agreement / improvements etc which everyone is happy with. There are no "over 50" rules etc here.

The site does not have a current licence! Are they able to use law to suit them when not licenced?

lincroft1710

If the site licence has expired then the site could be closed down (well in England it could).

badger12

Site licence has been in a dead mans name and the Council have been aware for at least 4 years but havent done anything. Today a colleague phoned them and she got told that they dont have anything to do with site licences!!!!!

badger12

Update.
The mans exwife inherited the lot. She passed on the home to the sons so it counts as a 'gift' not an inheritance. Sorted, he can move in. :j

badger12

.... on top of that - the Site Owner sent a threatening letter so is now getting an interdict from our Lawyer....