Advice re selling Static Caravan

Sam64

Hi, just wanted some advice. We have a static on very basic site, literally a farmer's field, no hardstanding, no proper road etc. We've owned this for last 10 years. There are approx 30 caravans around the edge of field. There has never been any contracts signed, park rules etc.  People have always just bought and sold as they wish, usually just a couple of thousand for an older van, no age limit of van.

However, the farm changed hands last year just before lockdown. Firstly, the new owners did not give any discount for not being able to use our vans, but we just accepted it. Now though, they have increased annual pitch fee between 20% and 50% so that we are all paying the same,  as original farmer increased the pitch fee for new people coming on to site in the last couple of years but left the other pitch fees same for the residents who had been there many years.

So we have decided to sell our van as didn't want to pay the 50% increase. However, new owner has said from now on all vans must be sold off site or removed at our cost when we want to sell. This is because they want all new vans to be uniform and presumably bought through them. As there is no market for a 17 year old static, we know we wouldn't be able to sell. But, also don't want to have to pay for removal when we're not going to get anything for it.

So my question is, can we just walk away as there's nothing signed? No contract of any sort. We all pay monthly by bank transfer or some people pay cash.  This is a holiday site with an 8 month season. Thank you in advance for any advice.

Aylesbury_Duck

There is a contract.  You've been paying regularly for 10 years, and receiving a service for those payments, so a contract has been formed, even if it's not a physical piece of paper.

If you're sure you own the caravan, then it's yours to do with as you wish.  If you walk away, I would have thought the land owner could bill you for the removal of the caravan from their site.  I think you need to agree what you're doing with them, to avoid and potential surprises further down the line.  You might want to agree to gift it to them, for example, so that any future liability arising from it is theirs, not yours.

ssparks2003

Treat the countryside with a little respect and take your rubbish home. No, you don't just get to leave it for someone else to deal with because you Don't like the new cost of the pitch.

Sam64

ssparks2003 said:

Treat the countryside with a little respect and take your rubbish home. No, you don't just get to leave it for someone else to deal with because you Don't like the new cost of the pitch.

My preference would be to sell it so somebody else could enjoy the countryside for a small cost. And I have someone who would be willing to buy it.  I never asked for advice on what to do with rubbish in the countryside but just for your piece of mind, I always take my rubbish home with me. I don't however, class my Static as rubbish, in fact I'm heartbroken it has come to this. 

McKneff

In fairness, you did ask if you could just walk away which would in effect you would be discarding something you no longer wanted (rubbish)and it would have meant someone else dealing with it. 
Costing them time, effort and money. 
Glad you have a buyer now though. 

DiddyDavies

McKneff said:

Glad you have a buyer now though. 

They may have someone willing to buy but the problem is that the owner of the land where the caravan is located has stated that it must be removed from the land before it is sold so unless the OP is able to talk the land owner into changing their mind, they aren't going to have any options apart from paying the increased charges or removing and then disposing of their caravan.

pinkshoes

It would seem to me that this is a significant change of the rules that is unfair to the consumer (you) and very one sided towards them.

Under the previous rules, you could sell your caravan to the buyer you have, but under their new imposed rules not only can you not sell your caravan, you have to pay to have it removed. They can't just take over and impose unfair rules.

I'm pretty sure this would come under the Consumer Rights Act 2015 for "unfair terms" in a contract. 

I would be writing to the new owner stating that their new term is unfair and goes against the Consumer Rights Act 2015 (I suggest reading a bit more first...) then set out a proposal to them e.g. you can go ahead and sell caravan as planned to new person (and THEY need to agree to new rules), or that they purchase the caravan off you for £X (£0??) and do what they want with it. 

oscarward

Is the new site owner a member of a trade body. Without a written contract then you may have grounds to complain to the trade body who may have an arbitration process. Either way you may need a lawyer who has experience in this.  

Sam64

oscarward said:

Is the new site owner a member of a trade body. Without a written contract then you may have grounds to complain to the trade body who may have an arbitration process. Either way you may need a lawyer who has experience in this.  

No they are not a member of any trade body to do with static caravans, they are  farmers. 

Sam64

pinkshoes said:

It would seem to me that this is a significant change of the rules that is unfair to the consumer (you) and very one sided towards them.

Under the previous rules, you could sell your caravan to the buyer you have, but under their new imposed rules not only can you not sell your caravan, you have to pay to have it removed. They can't just take over and impose unfair rules.

I'm pretty sure this would come under the Consumer Rights Act 2015 for "unfair terms" in a contract. 

I would be writing to the new owner stating that their new term is unfair and goes against the Consumer Rights Act 2015 (I suggest reading a bit more first...) then set out a proposal to them e.g. you can go ahead and sell caravan as planned to new person (and THEY need to agree to new rules), or that they purchase the caravan off you for £X (£0??) and do what they want with it. 

Thank you 

williamgriffin

pinkshoes said:

It would seem to me that this is a significant change of the rules that is unfair to the consumer (you) and very one sided towards them.

Under the previous rules, you could sell your caravan to the buyer you have, but under their new imposed rules not only can you not sell your caravan, you have to pay to have it removed. They can't just take over and impose unfair rules.

I'm pretty sure this would come under the Consumer Rights Act 2015 for "unfair terms" in a contract. 

I would be writing to the new owner stating that their new term is unfair and goes against the Consumer Rights Act 2015 (I suggest reading a bit more first...) then set out a proposal to them e.g. you can go ahead and sell caravan as planned to new person (and THEY need to agree to new rules), or that they purchase the caravan off you for £X (£0??) and do what they want with it. 

If I were the owner of the site I'd respond and say as you don't agree to the new terms please remove your van from my land within 14 days.