Static caravan site contract - is it legal?

blinky2134

I’m looking to purchase a 2nd hand static caravan and have got a legal agreement to sign from the company that runs the site for the annual fees etc. I’m wondering if one specific part of the contract is legal...
Basically, I need to pay an annual fee to the park and also annual rates but if I sell the caravan to somebody 6 months or later into a year I wont get any refund of the remaining months - even though the new owner will be required to pay 6 months worth of site fees and rates? If I sell my caravan 6 months into a year they will be getting paid 6 months extra fees and rates as they charge the new person these fees and don’t give me a refund - is this allowed?
If it’s not allowed what can/should I do about it? I want to sign the contract as I like the site.... I somehow cant see them turning round and saying ‘yep, you are correct, the contract is illegal and we will change it’!
Any advice?

hollydays

See also
https://forums.moneysavingexpert.com/discussion/1075285

Tom99

If you like the site then sign up and only dispute the charge if and when you have to pay it. Are there any other restrictions on selling eg through them etc?

blinky2134

That was what I was wondering, as in theory it wont affect us as we are buying 2nd hand and only have the pitch for 8 years. I doubt we would sell early but yes, you do have to sell through them and they take 18% commission (Plus up to this 6 months worth of fees etc). I did not know whether to dispute now when signing up or when it comes to pay the charges but by then I have signed the contract and agreed to loose the extra fees....

paddyrg

I don't know about your individual circumstances, but caravan parks are a bit of a racket - if that's the worst clause in your contract you got away lightly. For instance you have to sell through them, but commonly they will not want to sell your pitch when they could sell the pitch next to it without having to pay you 82% of the "value" knowing you'll be surrendering it eventually. Or they may not allow vans aged over 5yrs on a pitch, and will only let you buy from them, or will charge access and removal fees if you try to shift your van to a different park.

Just go into this with your eyes wide open - maybe yours is a particularly good park, but there are some nasty ones.

adonis

Sounds like Mr Fiddler from carry on camping,

https://www.youtube.com/watch?v=GrQpe7q03vA

bris

You can just sign the contract and fight it later. It makes no difference, if you don't sign you don't get the spot.


If you do sign then an unfair term which this might very well be will still be an unfair term regardless of it being signed or not.

blinky2134

Great, thanks for that! I was a bit worried that if I sign I will be bound by it. Hopefully it won’t be an issue as we intend to keep the caravan till the tenure runs out in 8 years, then we need to either get the van moved offsite or ‘upgrade’ to a new van!

Rob_LB

For instance you have to sell through them

they may not allow vans aged over 5yrs on a pitch

will only let you buy from them

Aren't the above effectively null and void since the introduction of the Mobile Homes (Site Rules) (England) Regulations 2014? See below for example some prescribed rules which are void under Schedule 4:

The matters set out in paragraphs 1 and 2 are prescribed matters for the purposes of section 2C(8). (Site rules or rules such as are mentioned in section 2C(3) of the 1983 Act are of no effect in so far as they make provision in relation to the prescribed matters.)

1. (c) whether the occupier should be required to use the services of the owner or a person specified by the owner for the purposes of selling or gifting the mobile home

(l)whether the occupier should be required to purchase only goods or services supplied by the owner or such other person as the owner may nominate;

2. (j) whether vehicular access to the site should be restricted in any way
(o) whether the site rules may purport to threaten eviction for failure to comply with the site rules.

Pennywise

blinky2134 wrote: »

Great, thanks for that! I was a bit worried that if I sign I will be bound by it. Hopefully it won’t be an issue as we intend to keep the caravan till the tenure runs out in 8 years, then we need to either get the van moved offsite or ‘upgrade’ to a new van!

Won't the solicitor fees and court fees you incur to dispute the contract you signed be more than the costs you've agreed in the contact?

blinky2134

Rob_LB wrote: »

Aren't the above effectively null and void since the introduction of the Mobile Homes (Site Rules) (England) Regulations 2014? See below for example some prescribed rules which are void under Schedule 4:

This is a caravan site in Scotland although head office is in England, can you send me a link to that mobile homes regulation?