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Posted 16 November 2012

Age before beauty?

We often hear from holiday park owners who are rightly proud of their beautiful park, but are concerned about a caravan that has been allowed to fall into disrepair and is detracting from its surroundings. Park owners have sought to avoid this problem by including a condition in their licence agreements, or in the park rules, which limits the acceptable age of the caravans on the park and requires that they are removed once they reach that age. This is sometimes supplemented by a condition that owners are not permitted to sell the caravan on the park once it has reached a particular age. The OFT guidance on unfair terms in consumer contracts indicates that such age restriction clauses are unfair and therefore, unenforceable against the caravan owner.

Whilst a caravan in a poor state can clearly be unsightly and impact on the desirability of your park, there are of course many older caravans that have been well maintained and are in a good condition. We would recommend that park owners do not use age restriction clauses and instead use clauses that only relate to the condition and repair of the caravan and the owner’s obligation to maintain it and keep it in repair.

If you would like a review of your current licence agreement and park rules and advice on redrafting please contact the Parks Team on 01392 207020.

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