Renting land without a lease

Artyfarty_2

Hi,
I wonder if anyone has some advice as to my rights as a tenant.

I have been renting a mobile home on private land for the last 12 years, but have never signed a lease. 2.5 years ago, i bought my own mobile home to replace the existing one owned by my landlord, so now i am paying ground rent monthly. It is a legal residential plot, where i pay council tax and all relevant bills.

I`d like to know what my rights are if the land was to be sold at some point in the future.

Thanks

theartfullodger

Regarding rights the first question is, is it a mobile home - according to the legal definition??? see..
http://england.shelter.org.uk/get_advice/eviction/eviction_from_mobile_homes/mobile_homes_-_definitions

What is the legal definition of a 'mobile home'?

According to the law, a mobile home is:

• a structure designed to be lived in that can be moved from place to place (for example, by being towed or transported on a trailer or motor vehicle), or
• a motor vehicle designed or adapted to be lived in.

The maximum size of a mobile home is 20 metres long (exclusive of any tow-bar), 6.8 metres wide and 3.05 metres high inside. Be aware that if you add a porch or extension to your mobile home, it may take it outside the legal definition. However, if the attachments can be easily removed, they can be disregarded.

Assuming it is this then gives these rights, if you own it yourself, outlined here..

http://england.shelter.org.uk/get_advice/advice/mobile_homes/owning_a_mobile_home

e.g...

Right to a written statement

Once you have come to an agreement with the site owner to rent a pitch, you are legally entitled to a written statement. This should include:

• the names and addresses of the parties
• the date of commencement
• a description of the land and a plan of the pitch that the mobile home is to be stationed on
• the site owner's interest in the land
• your rights to 'quiet enjoyment' (to live in your home without unnecessary interference from the landlord)
• the site owner's right to enter the pitch
• the obligations of the occupier and owner
• the pitch fee and the period for which it is payable
• how and when the pitch fee can be increased
• any other additional charges
• the statement of terms implied by the law
• any express terms of the agreement.

All written statements should start with an explanation that they set out the terms on which the occupier is allowed to stay on the site. It should also state that an occupier should obtain legal advice if there is something they do not understand.
The written statement is evidence of the agreement between the mobile home owner and the site owner but this is not the agreement itself.
The written statement should be given to you at least 28 days before the agreement is entered into.
If you're not given a written statement you can apply to the court for an order requiring the site owner to provide one.

&

Implied terms....

There are terms to your agreement with the site owner that are laid down in law and cannot be changed. These are called 'implied terms' and they include:

• how the agreement can be ended
• your right to sell your mobile home
• your right to gift your mobile home
• your rights regarding succession
• your rights if the mobile home is to be re-sited.

How the agreement can be ended

You can end the agreement at any time, provided that you give the site owner at least four weeks' notice in writing.


If the site owner wants you to leave, they must give you at least four weeks' notice. If you have not left after the notice runs out, they must get an order from the court before you have to leave.

Is this an organised site with other mobile homes or just for your van?? Are services (electric, water, sewerage..) connected?? Council tax position???

I think if the land is sold then your "agreement" (verbal or written) will stay the same but with a change of landlord but you should get confirmation for this.

Guess your difficulty would be enforcing any agreement is the site owner was not cooperative. Can he prevent your access to/from the van??

Maybe 'phone Shelter on 0808 800 4444 but expect a wait from this excellent & knowledgeable but overworked charity.

Best of luck!


Artful