The Government has published the Mobile Homes (Site Rules) (England) Regulations 2014 which set out the procedure for residential parks in England to introduce or change park rules.
The Regulations will come into force on 4th February 2014. A key point for park owners is that most current park rules will cease to have any effect on 4 February 2015. Park owners must ensure that they consult on new rules in time!
The Regulations require park owners to consult occupiers and any qualified residents’ associations (“QRA”) by sending them a proposal notice in a specified form which includes details of the proposals and the reasons for making them. All occupiers and QRAs must be given at least 28 days to respond to the consultation.
Once the 28 day consultation period has expired the park owner will have 21 days to decide which proposals to implement, taking into account the representations made, and to notify the occupiers and QRA of their decision on a consultation response document, again in a specified form.
The occupiers or QRA have 21 days to appeal the park owner’s decision to the Tribunal, if they consider that it is unreasonable or the correct procedure has not been followed.
If there is no appeal (or once any appeal has been decided) the park owner must deposit the new rules with the local authority. The proposed park rules will come into force 21 days after that.
Very importantly, current park rules will cease to have any effect on 4 February 2015 unless an appeal against new rules is pending.
The Regulations also prohibit some rules. These include: absolutely prohibiting the homeowner from making improvements to the home or pitch; requiring visitors to report to the park office or providing that they can only stay in the home when a homeowner is present; restricting the homeowner to purchasing goods or services from the park owner.
If you have any questions relating to the Mobile Homes (Site Rules)(England) Regulations 2014 contact the parks team by phone 01392 207020 or email firstname.lastname@example.org