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Posted 18 December 2014
by Paul Kelly

First-tier tribunal decisions – refusal order

Before a homeowner who bought their home before 26 May 2013 is entitled to sell their mobile home they must serve a notice of proposed sale on the park owner detailing certain information about their buyer which includes the age of any proposed occupiers, the number and type of their vehicles and the number and type of pets they have.

Where a prospective purchaser breaches a park rule (also referred to as site rules) concerning age, pets or vehicles the park owner is entitled to make an application to the tribunal for a refusal order.

In a recent tribunal decision a homeowner had sent a park owner a notice of proposed sale but refused to provide the park owner with details of the purchaser’s age. This particular park had an age rule of 55, although the validity of the rule was disputed by the homeowner, and therefore the park owner’s position was that they needed to know the purchasers were 55 years or over or they would have to apply for a refusal order.

The park owner made an application to the tribunal for a refusal order to prevent the homeowners from continuing with the sale until the buyer’s age had been disclosed. The tribunal found that the park rule regarding age was valid and ruled in favour of the park owner in awarding them a refusal order.

The important point to note from this decision is that a tribunal can grant a refusal order where a park has a rule concerning age, pets or vehicles and the homeowner refuses to provide details of the buyer’s age or ownership of pets and vehicles.

If you have any questions regarding the sales process of residential mobile homes or if you are interested in subscribing to our Parklaw service contact the parks team by telephone on 01392 207020 or email parks@tozers.co.uk

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About the author

Paul Kelly

Partner

Paul is the managing partner of the firm