Park Rules for 'Relevant Protected Sites'
Section 9 of the Mobile Homes Act 2013 has made amendments to the Mobile Homes Act 1983, requiring 'Relevant Protected Sites' with site rules to consult with residents and then deposit them with the relevant Local Authority. The purpose of this is to ensure the good management of residential sites for the benefit of residents and visitors and maintain community cohesion, as well as, prevent site owners from imposing rules that provide the site owner with an unfair advantage or economic benefit. Once these rules have been deposited they will form part of the express terms of the pitch agreement and, therefore, bind both the occupant and the site owner.
The Mobile Homes (Site Rules) (England) Regulations 2014 came into force on the 4 February 2014 and outlines the process for site owners to follow when consulting on and depositing site rules, as well as, specifying a list of rules that are prohibited. This includes banning rules which prevent the resident from making improvements to the unit or pitch; requiring visitors to report to the park office or only allowing visitors to stay when the resident is present, or restricting the resident to purchasing goods or services from the site owner.
The process specified in the Regulations requires site owners to consult occupiers and any residents' associations by sending them a proposal notice which includes details of the proposals and the reasons for making them. Occupiers and residents' associations must be given at least 28 days to respond to the consultation. Following expiry of the consultation period the park owner has 21 days to decide which proposals to implement, taking into account any representations made, and to notify the occupiers and residents' association of their decision. The occupiers or residents' association have 21 days to appeal the site owner's decision to the First Tier Tribunal (Property Chamber), if they consider that it is unreasonable or the correct procedure has not been followed.
Under the Regulations site owners have a year from the date the Regulations came into force to consult on their site rules and deposit them with the Local Authority. Therefore, if site rules were not deposited on or before the 3 February 2015, then the current site rules will cease to have any effect.
Register of Park Rules
On residential caravan sites the site owner may set park rules. The Council does not enforce these rules, although some rules may be a duplicate of the site licence conditions. The site rules are part of the contract between the home owner and site owner, and supplement the Mobile Homes Act Agreement.
Further information regarding Caravan, Camping and Mobile Home sites or a request for an application can be obtained from the Private Sector Housing Team on 01962 848 483 or by emailing _PrivateSectorHousing@winchester.gov.uk.