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Tuesday, 17 Oct 2017

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The Mobile Homes (Site Rules) (England) Regulations 2014 come into force on Tuesday 4th February 2014
Published on 21/01/2014

From 4th February 2014 new procedures for making park rules come into force.

From this date park owners will have 12 months to ensure that the rules of the park comply with the new Regulations - click here Regulations and Explanatory Memorandum - which require the park owner to consult with all homeowners and any qualifying residents association about the rules, or proposals to introduce, vary or delete any existing rules in accordance with the new Regulations.

Existing rules made before 26th May 2013 will continue to have effect but from 4th February 2014 park owners will have 12 months to ensure that any park rules comply with the new provisions in the regulations. From 4th February 2014 park owners will be required to use statutory forms accessible here as prescribed in the Regulations to notify home owners of the park rules, notify them of any changes in the rules, to consult on proposals, to deposit the rules with the local authority and to advise where a rule has been deleted. The form of notice will list those matters that cannot be included in the rules under the Regulations – these are referred to as ‘rules of no effect’ or as ‘banned’ matters.For guidance on the regulations and changes to residential park rules in England click here

Once the rules have been consulted on park owners will be required to tell the home owners the outcome of the consultation and then to deposit the rules with the relevant local authority for which a fee will be payable. The rules will then become part of the express terms of the written statement making them enforceable as a term within the contract.

Home owners will have a right of appeal to the First Tier Tribunal (Property Chamber) if they object to the proposed rules, or they believe they have not been made in accordance with the new prescribed procedure. There are specific ground on which an appeal can be made including that a rule relates to a ‘banned’ matter, or there is reason to believe the park owner acted unreasonably in the decision to proceed with the proposed rules in light of representations received from home owners.

For more information contact: alicia.d@thencc.org.uk

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