static caravan nightmare

mrsmcg

Im a newbie here so appologies if im in wrong place.

My mum bought a static caravan on a holiday park in Llangynog (wales) 2 years ago. When she bought it the site owner said that he would sell the caravan again within 5 years if they didnt need it.
She no longer needs the caravan so decided to sell it back to him (as agreed verbally) but he said he now doesnt want it as it is (just over) 15 years old.
He wont let my mum sell it privately as its on his land and wont even let her move it!
He says that she has to pay £700 disconnection fee (fair enough) but wont give her anything for the caravan, basically he gets it for free!
My mum paid £10k for the caravan which is still in beautiful condition and he says its not worth anything!!!!

He has gone back on his word, my mum wouldnt have bought it if she knew she couldnt sell it on.

Can the site owner do this?
Can he refuse to let my mum sell it privately?
Can he refuse to let her move it?

Please can anyone give some sound advice?

jacques_chirac

What does the contract say about termination fees, moving the caravan etc? Is there anything in writing?

mrsmcg

She is not sure, he has got the contracts,

lincroft1710

I don't think he can refuse to let her move it off site, but a 15 year old static without a site won't fetch much money and by the time she has paid £700 disconnection fee plus transport costs plus finding somewhere to store it while she tries to sell it, could make this course of action uneconomic.

Even if terms and conditions say she can't move it there is such a thing as unfair contract.

Could she leave the caravan on site and just sublet it for the season and hopefully the income would exceed site rent and other outgoings.

Dimey

Oh dear. The contract is crucial. Can you get her to hunt for it till someone more knowledgeable comes onto the thread?

Here's some info to be reading meanwhile...

http://www.nidirect.gov.uk/site-owners-and-occupiers-obligations

jacques_chirac

lincroft1710 wrote: »

and by the time she has paid £700K disconnection fee

I expect a £700,000 fee will be deemed unfair and therefore unenforceable!

lincroft1710

jacques_chirac wrote: »

I expect a £700,000 fee will be deemed unfair and therefore unenforceable!

No, it's perfectly fair in the west.

Thanks, typo so I've amended my post.

Alias_Omega

Hi OP,

Its really down to the paperwork. Your mum would have signed something, which would have listed the terms & conditions.

unholyangel

Also, was she given a copy of the contract for her own records/to give her a chance to read and understand the terms?

mrg9999

I would always get a trained legal representative to review any contract before signing. Post, I'd get a copy take it to CAB, and see if it fair.

Dimey

In the absence of a contract. And if you want to avoid conflict. Would your family consider keeping the caravan till it drops. Pay the annual ground rent/fees whatever and continue to use as the holiday home it was intended for. If you can get a few more years out of it, you'll start to get your Mum's £10k money's worth.

You're lucky the site owner isn't saying he only accepts caravans under a certain age on the site.

If you really can't find the contract and you decide to stay - write a letter saying you'll stay and enclose this year's fees but subtly put in the letter that you'll stay long term and any other safeguards you pick up from that website I mentioned in my previous post. That way you set something in writing to protect yourself a little for the future. Get CAB or specialist solicitor to approve content. Send recorded delivery.

If the site owner turns out more reasonable than he sounds and you get over this hiccough then ask him for a copy of the contract or get them both to make a new contract. Just watch he doesn't get the power to throw the caravan off when it gets older. Then you'll be stuck with removal fees and finding a site that will accept an older van. That scenario may not be financially viable. Of course get solicitor to approve contract.