Living permanently in a holiday lodge.

Scarloc99

Hi

My parents bought a lodge to retire to. Currently the site is open 12 months of the year and my parents live there full time. However I have discovered the site is registered as a holiday site by the council.

My parents are registered as living with my brother in terms of the electoral register and my father uses this as evidence to the site that the lodge is not the permanent residence. When they where sold the lodge the salesman told them this would be fine and as it was a 12 month site they would never need to vacate.

I am really worried that this is going to end up really badly for them. Am I worrying about nothing, is this, as some have told me something that happens all the time and it is all ok, can/will the council take action against them and my brother? I have tried getting them to take legal advice but they are doing a great Impression of an emu right now.

KatrinaWaves

Electoral roll is neither here nor there, and does not prove they don’t permanently live at the lodge.

https://www.eadt.co.uk/news/mid-suffolk-prosecute-stonham-barns-holiday-park-caravans-all-year-1-5940523

Councils are catching up to these people.

If it is indeed their permanent residence then they need to be paying council tax...

Davesnave

Scarloc99 wrote: »

I am really worried that this is going to end up really badly for them. Am I worrying about nothing, is this, as some have told me something that happens all the time and it is all ok, can/will the council take action against them and my brother? I have tried getting them to take legal advice but they are doing a great Impression of an emu right now.

No one here can tell you whether enforcement will happen in the future, or what form it might take. Councils have different priorities when it comes to upholding planning laws.

Details of the terms on which planning for the site was granted must be available, so you should obtain sight of these. To me, it makes no sense to have a designation as holiday site and 12 month occupancy, so it's likely that the site owner is breaking the rules. He/she will be paying business rates. and your parents' site fees feed into those, but as permanent residents with a false address, they're evading council tax.

Your parents probably don't want legal advice because they know what it would be. Far from being emus (I think you meant ostriches!) they're following the Del Boy approach to taxation. I would let them take that view, and the consequences, because they're adults who've made a conscious choice and I doubt if you could influence it anyway.

Elinore

Quick question for those in the know - if the site fully closes down for a month per year so you have to move out for that month and you go live with relatives - but it's your only fixed residence do you still have to pay council tax?

I should mention my mother did as she told the council and paid in full every year - but the council were really unsure and flip-flopped several times on the whole thing. Causing quite a bit of confusion I think as she absolutely no access that she doesn't have to pay as it is not a permanent abode, but I'm not sure (she also paid in full to the site for all service, bins and amenities charges)

Sorry, op I didn't mean to hijack your thread but it reminded me that I'm still not sure she was double charged.

seven-day-weekend

Holiday sites can have a 12 month license, but it does not mean it can be classed as your permanent home. The license may only be granted to be used for 'recreational and holiday purposes' i.e it can be used for holiday breaks for the full twelve months, but not used to live in permanently.

http://www.approvedholidayparks.co.uk/downloads/Misuse_%20CHH_trade_web_June2013.pdf

Your parents need to look carefully at the terms of their contract to ssee what it says about permanent residence. I think they should take legal advice.

They could be on very dodgy ground.

CIS

Quick question for those in the know - if the site fully closes down for a month per year so you have to move out for that month and you go live with relatives - but it's your only fixed residence do you still have to pay council tax?

If it is being used as a person's 'sole or main residence' then yes, regardless of the site conditions and temporary absences - the fact that a person is ignoring (or complying) with a legal notice doesn't make a difference, it's the actual facts of the situation which are relevant to the determination.

getmore4less

In an area we know that has 11 month occupancy rules on local sites some local B&B offer their rooms in their quiet period on a room only basis for a month and go on holiday.

davidmcn

Scarloc99 wrote: »

My parents are registered as living with my brother in terms of the electoral register and my father uses this as evidence to the site that the lodge is not the permanent residence.

You're allowed to register at more than one address, as long as they are addresses where you actually reside from time to time (and don't vote more than once in the same election!). If they never actually live at your brother's then registering there is an offence.

Cakeguts

I would think that a condition of the planning consent for the lodges would have been that they could not be used as a main residence and only used as holiday accommodation.

PasturesNew

As a holiday lodge, there is usually some small print about having to not stay more than X nights, or having to vacate for a certain amount of time.

Some of these rules are "ignored for now" by sites, but could be resurrected at any time.

The main difference between a holiday lodge and a residential park is the notice/warning you get when you're being asked to leave. For holiday parks there's very little notice required to be given, there's no "protection" from eviction (eg if the site is sold on).

You're right to be worried .... but some sites do run like this, with people living there/everybody knows ... until one day something changes...

G_M

Scarloc99 wrote: »

.........When they where sold the lodge the salesman told them this would be fine and as it was a 12 month site they would never need to vacate.

...... I have tried getting them to take legal advice but they are doing a great Impression of an emu right now.

They clearly know of the potential the issue, and don't want to pay for legal advice that will tell them exactly what they already know.

they are adults, and took the decision.

Unless they are mentally incapacited (dementia or similar) you can do no more than raise your concerns and then leave them to it - till you have to help pick up the pieces that is....


edit: does your brother live alone?Is he claiming single person discount on his Council Tax.....?