Park Rules

This is an extract  from the Park Rule Regulations 2014. 

 Also click here for a link to the form PH15:
 (
Application under regulation 10 of the Mobile Homes (Site Rules) (England) Regulations 2014 (‘the 2014 regulations’) with regard to the proposed making, varying or deletion of a site rule or rules)

THE MOBILE HOMES (SITE RULES) (ENGLAND) REGULATIONS 2014 PROPOSED PARK RULES

SECTION 4 (2)  states:
A Site Rule must be necessary to ensure that acceptable standards are maintained on the Site which will be of general benefit to Occupiers;- or,  to promote and maintain community cohesion on Site.

SECTION 5 states:

A Site Rule is of no effect in so far as it makes provision in relation to any of the matters prescribed in Schedule 5 of the Regulations.

Section 5 is covered by pages 2/3 and 4 of the Proposal Notice sent to you by the Park Owner.

NOTE:

Park Rules cannot contradict anything in the Implied Terms and must not breach the Unfair Terms in Consumer Contract Regulations 1999 or any other Consumer Legislation this means that as well as complying with recent Regulations the Rules must be fair and expressed in plain English so they can be understood by Home Owners.

It is essential that you read the Documents sent to you by the Park Owner and send him any responses in writing and abide strictly with time scales.

Supporters of the QRA’s response to the Site Owner regarding Site Rules, must provide a signed letter to accompany the Secretary’s response otherwise his response may be counted as a single response only rather than supported by a majority.

This can be overcome if the Association gives everyone on the park (whether an association member or not) a printed response for them to sign (if they agree) and return to the Secretary to send in bulk to the Site Owner by first class post.

Regarding Items in retrospect, if you have been allowed something in the past, such as a dog, and the new rules state “no dogs” you are permitted to keep that dog until it (goes to a happier place).

Or you have two sheds, until one of them falls into disrepair, then you cannot replace it, etc.

 

Your Right to appeal to the Tribunal in relation to the owner’s decision.

10.  (1)  Within 21 days of receipt of the consultation response document a consultee may appeal to a tribunal (1) on one or more of the grounds specified in paragraph (2).

(2) The grounds are that—

(a) a site rule makes provision in relation to any of the prescribed matters set out in Schedule 5;

(b) the owner has not complied with a procedural requirement imposed by regulation 7 to 9 of these Regulations;

(c) the owner’s decision was unreasonable having regard, in particular to—
(i) the proposal or the representations received in response to the consultation;
(ii) the size, layout, character, services or amenities of the site; or
(iii) the terms of any planning permission or conditions of the site license.