Problems with static caravan holiday home ownership when main residence is in Spain or France

ClivePlayford

We sold our family home in Essex in 2018 and bought a villa in Spain and a luxury lodge on a holiday park. When we negotiated the purchase of the lodge, we made it crystal clear that we intended to live in Spain for 6 months of the year and use our lodge for the other 6 months. We were told that this was perfectly fine and all we would have to do was to provide, on annual basis, some proof that we owned a property in Spain – the wording of the Pitch Licence Agreement says satisfactory proof is a document ‘such as a current council tax bill, current utility bill or driving licence in your name’.

We have complied with this obligation each year, sending copies of a Spanish electricity bill and a bank statement, which were accepted as satisfactory proof. Last year we also sent, for good measure, a copy of the title deeds to our Spanish home, proving that we had bought it. On the strength of this documentary evidence, we were allowed to stay on park when the park closed during lockdown, as it would have been both unsafe and illegal for us to travel back to Spain.

We have now been told that the evidence we have supplied this year is no longer acceptable and that our pitch licence agreement will be terminated if we cannot show proof that we have formal residential status in Spain. We cannot do this as we never saw a need to apply for ‘Residencia’ in Spain as we did not to live there for more than 6 months per year – and it was not explicitly included as an obligation in the pitch licence agreement that we had to do this. After Brexit it would be much more difficult for us to get residential status in Spain, even if we wanted to.

Anyone in the same situation or able to advise us how fight the park owners?

Sandtree

First of all, how are you staying in Spain for 6 months post Brexit now that a british passport only allows you to stay for 90 days in any 180 day period?

Secondly, I'd suggest you find out why the caravan park gives two hoots as to where you are domiciled 

Bradden

I think some static caravan parks here not allowed to have anyone living there as their nain residence due to the planning permission.

MattMattMattUK

Sandtree said:

Secondly, I'd suggest you find out why the caravan park gives two hoots as to where you are domiciled 

Usually they are not licensed for year round occupation, most seem to require a one week to one month closure/non-occupancy period, otherwise issues with the site license and council tax kick in. The proof of residency somewhere else is usually tied to that, although I do not however know the specifics.

ClivePlayford

Sandtree said:

First of all, how are you staying in Spain for 6 months post Brexit now that a british passport only allows you to stay for 90 days in any 180 day period?

Secondly, I'd suggest you find out why the caravan park gives two hoots as to where you are domiciled 

Sorry - I didn't explain that we came back from Spain just before lockdown last year and haven't been able to go back. We were allowed to stay on park throughout the lockdowns (as others in our position were also allowed to do) but it seems like we're being punished for it now.

Andy_L

ClivePlayford said:

We sold our family home in Essex in 2018 and bought a villa in Spain and a luxury lodge on a holiday park. When we negotiated the purchase of the lodge, we made it crystal clear that we intended to live in Spain for 6 months of the year and use our lodge for the other 6 months. We were told that this was perfectly fine and all we would have to do was to provide, on annual basis, some proof that we owned a property in Spain – the wording of the Pitch Licence Agreement says satisfactory proof is a document ‘such as a current council tax bill, current utility bill or driving licence in your name’.

We have complied with this obligation each year, sending copies of a Spanish electricity bill and a bank statement, which were accepted as satisfactory proof. Last year we also sent, for good measure, a copy of the title deeds to our Spanish home, proving that we had bought it. On the strength of this documentary evidence, we were allowed to stay on park when the park closed during lockdown, as it would have been both unsafe and illegal for us to travel back to Spain.

We have now been told that the evidence we have supplied this year is no longer acceptable and that our pitch licence agreement will be terminated if we cannot show proof that we have formal residential status in Spain. We cannot do this as we never saw a need to apply for ‘Residencia’ in Spain as we did not to live there for more than 6 months per year – and it was not explicitly included as an obligation in the pitch licence agreement that we had to do this. After Brexit it would be much more difficult for us to get residential status in Spain, even if we wanted to.

Anyone in the same situation or able to advise us how fight the park owners?

How have they changed the wording of the agreement?

Is this an option?
"Submit your residence application

You must submit your residence application to the immigration office (Oficina de Extranjeros) in the province where you live.

You can do this electronically "
https://www.gov.uk/guidance/residency-requirements-in-spain

ClivePlayford

The point is they cannot unilaterally change the wording of the contract/agreement once signed, but they are acting as if had changed it.

Andy_L

ClivePlayford said:

The point is they cannot unilaterally change the wording of the contract/agreement once signed, but they are acting as if had changed it.

In which case that is "how you fight the park owners", assuming it's a permanent agreement rather than an annual thing

Alter_ego

What address is on your driving licence?

born_again

Given Brexit and the change in status. Have you or are registered for residency in Spain?
Which I would guess is what the holiday park are now requiring as proof of residence.

Ectophile

Unfortunately, you may be running out of options.  You didn't apply for residency in Spain because you live in the UK.  But your "home" in the UK is a holiday home, and you have satisfied the requirements for a holiday home because you live in Spain.

If it were a residential park, you would have all the rights of a tenant who is being evicted by a landlord.  But it's a holiday park, with one year tenancy agreements.  There's not a lot you can do if they decide not to renew your tenancy.  They are not rendering you homeless according to the information you supplied them when you entered into the tenancy.