Caravan park proprietors have challenged claims that advice from the Competition and Markets Authority (CMA) allows caravan owners to claim a refund. To discuss a holiday park dispute, or for a free no obligation discussion, please email or call us today on 0113 207 0000. She has represented park owners at County Courts and Residential Property Tribunals around the country. For queries or advice about historical, social or cultural records relating to Northern Ireland, use the Public Record Office of Northern Ireland (PRONI) enquiry service. For more information, see: However, if you are a park owner and recover the cost of your insurance (e.g. The Chancellor has set out a package of targeted measures to support businesses, particularly in the tourism, retail and leisure industry, through this period of disruption caused by COVID–19. Although usually less formal than a court, its rulings are binding on the parties. In addition we can assist you with an audit review of your existing contractual documentation, and advise on disputes between park owners and pitch holders, helping you to remove troublesome customers from your park. What else can I do to manage my cashflow? Disputes relating to the sale and purchase of park homes; Disputes with suppliers in relation to the provision of goods or services to your park . Caravan Parks in KwaZulu-Natal. These rules become part of the tenancy agreement.. We are continuing to receive new instructions for the sale and purchase of holiday parks and can put parties in contact with specialist funders and/or agents to assist with the sales process. We are authorised and regulated by the Solicitors Regulation Authority (Head office SRA number 509655). For queries or advice about Penalty Charge Notices (PCNs), including parking tickets and bus lane PCNs, email dcu@infrastructure-ni.gov.uk. But what does that mean for the future of the caravan industry – and how will it affect this cornerstone of the region’s economy? Park homes factsheet . Become a NACO member and you will have access to its specialist team, who can advise on disputes between home and park owners and caravan manufacturers. All rights reserved | Registered VAT no 127942455, This site is protected by reCAPTCHA and the Google, Insolvency Practitioner complaints procedure, Statement of Investment Principles (Staff Pension). At the same time it would be a good idea to ask customers to check their own insurances are not compromised by the lock down. Contacts for common benefits are listed below. The aim here is to preserve the goodwill of the customer and if possible, generate some income by continuing to maintain the park. An occupier of a caravan (whether owned by the site owner or the occupier) under a residential contract has limited protection of their occupation of the caravan on the site. Look at your list of suppliers and identify non-essential spend. Caravan owners who have paid thousands of pounds in site fees ... "The park are saying they are having to keep charging the amount because there's still maintenance and security on the caravan park. Caravan owners at Pendine Sands Caravan Park have been told to leave at the end of the year (Image: Ross Williams). One of the biggest problems is where owners are asked to … ... Any disputes procedure; If the park owner is a member of a trade association or follows a code of practice. In early 2011, ARPRA began lobbying for the amendment of the 1998 Act, particularly that caravan or … If the measures above don’t keep your business afloat, it’s time to look for help. When we all have a better idea of how long the park closure will be enforced, the matter can be revisited and looked at carefully as to how you should respond fairly and responsibly to the situation in which we have all been placed. The nidirect privacy notice applies to any information you send on this feedback form. One of the biggest problems is where owners are asked to remove older caravans and replace them with a new model. Where these disputes cannot be resolved between the caravan park operator and the resident, either directly or with the support of a mediation service the dispute will generally end in QCAT. If you are a park member of the BH&HPA we can offer you an initial one hour consultation free of charge. The specialist knowledge of Blacks Solicitors’ Holiday & Home Parks team makes it well placed to manage disputes on your behalf; whether you are the party pursuing a dispute, or are on the receiving end. dispute resolution process between you and the park owner/manager (Part 3) any extra information they provide about their park (Part 4) Site agreements. Sometimes the park owner and the caravan owner are the same person, so the rent and hiring charge are combined. Parkdean Resorts, which … In this guide, this term also applies to caravan park managers and agents acting for caravan park owners. Today, all their descendants peacefully coexist in this desirable region of South... Show more. Park owners can still bar buyers on grounds of age - one of Mr Cameron's main complaints. Park (mobile) home owner rights and responsibilities - fees and repairs, selling or giving away a home and residents' associations, settling disputes If your caravan is moved off the site, you may need to pay a proportion of the annual pitch fee, depending on how much notice you give. These agreements take various forms Disputes relating to energy are relatively low in caravan parks. About holiday parks. By Ibraheem Dulmeer, LEASE Legal Adviser. The agreement between you and the park owner or operator is a binding contact affecting your future use of the caravan, how much you pay and what you get for your money. To be eligible under the CJRS, employers should write to the relevant employee confirming that they have been designated as furloughed and keep a record of this communication. We act for both large and small parks throughout the country. We can help you apply and/or prepare for your hearing, and in some cases, we can also represent you. All caravan parks in Northern Ireland must be licensed by the district council. The licence says the number of caravans allowed on the site, their spacing and health and safety matters. An occupier of a caravan (whether owned by the site owner or the occupier) under a residential contract has limited protection of their occupation of the caravan on the site. If you rent a pitch you'll have common law rights even if you don't live on a protected site, eg if you live on a holiday site during the summer. It also provides information and training in resolving disputes. This grant will be available for an initial period of three months, backdated to 1 March 2020, but it may be extended further. If you would like advice relating to the future of your holiday park business, sales/acquisitions or dealing with the effects of Covid-19 please contact Sarah Kemp by email: sarahe.kemp@wilkinchapman.co.uk Holiday Home-Owner’s Rights. If you have a problem with a residential park operator or another person in the park, you can take steps to resolve the problem. Termination orders or termination and possession orders You must be aged 13 years or older - if you’re younger, ask someone with parental responsibility to send the feedback for you. A converted caravan is a structure that was designed as a caravan but is no longer a caravan due to a structural addition or alteration. If necessary, NACO also provides legal advice where a valid complaint is not being heard. Environmental health officers in local councils can investigate complaints about caravan parks. The residential tenancy agreement between a park owner and an owner of a caravan/relocatable home must contain a term allowing a “for sale” sign to be displayed within the movable dwelling. Further detailed guidance on the scheme has been produced by the Government. Can I allow caravan owners to enter the park to check their caravan or collect items. The Government has set up a service where you can offer to help, from offering accommodation for NHS and key workers, to the use of your facilities or resources. Caravan owner: the owner of a caravan (but not the site on which it is located). For queries or advice about  60+ and Senior Citizen SmartPasses (which can be used to get concessionary travel on public transport), contact Smartpass - Translink. Park Homes - Site Owners. For queries or advice about careers, contact the Careers Service. If you have a problem with the park or caravan-site owner, there are organisations you can ask for help and advice. Disputes can arise over things like: who is responsible for a blocked drain/sewer; Who is responsible for maintaining the trees on the pitch or site; What about fences between pitches? The property manager/owner must give the tenant a copy of the park rules with the proposed tenancy agreement before taking any money (e.g. //-->. Whether you have an issue with site licensing, written statements or need to settle a dispute, we are able to assist. If you do find yourself having a dispute with the site owner, you should: Attempt to settle the dispute directly with the owner at first; If that doesn’t resolve the issue, a tribunal may be able to settle the dispute © Wilkin Chapman LLP. If you own a static caravan, or are thinking of purchasing one, it’s important to know where you stand in terms of your legal rights. You can view our privacy policy here. If you have a dispute with the park owner that you cannot work out, you can apply to a tribunal. Whilst this time brings uncertainty, it is important to remember that it can also bring with it opportunities. owners and occupiers of caravans (commonly called “park homes”) stationed on protected sites. You must give notice of at least 14 days, but no more than 28 days. I recently moved my caravan to another park because the park I was on was taken over by the biggest profiteers and rip off merchants in Towyn, North Wales Browns/Happy Days and now Edwards Leisure Park (Now own 3 Parks were do they get there money:rolleyes: ). For queries or advice about birth, death, marriage and civil partnership certificates and research, contact the General Register Office Northern Ireland (GRONI) by email gro_nisra@finance-ni.gov.uk. Martin has urged people to try to resolve the dispute with park owners amicably ... "Many firms, especially smaller ones, are struggling to cope, and this may include your caravan park owners. For Mark Topham, leaving the caravan site will also mean losing his only "family". Comments or queries about the Blue Badge scheme can be emailed to bluebadges@infrastructure-ni.gov.uk or you can also call 0300 200 7818. These terms, implied Understanding the legal rights of a static caravan owner. They can also look at any arrangements that could form an unfair contract term; for example: 1. terms that exclude the park owner’s liability to supply a caravan of satisfactory quality, fit for its purpose and … Visit the Dispute Settlement Centre of Victoria website. For queries or advice about Child Maintenance, contact the Child Maintenance Service. A caravan holiday by the sea may sound idyllic but disputes can blight the relationship between holiday makers and site owners. It also includes details of a complaints procedure and arbitration. They will have filled in the details specific to their residential park. In this case, the terms expressly agreed between the site owner and park homeowner were as follows: 3a) ‘to pay to the owner the annual pitch fee subject to review, and The scheme is open to all UK employers that had a PAYE scheme in place on 28 February 2020, and allows those businesses to claim back 80% of the wages (up to £2,500 per month) of employees who have been furloughed in response to the COVID–19 pandemic. Top tip from Ian Rose of Wilkin Chapman Business Solutions: “Don’t feel guilty: the only thing you can control is the financial viability of your business and these circumstances have been forced on you. If there is any confusion surrounding the utility charges on your park, your first port of call should be your written agreement or written statement. staff or key worker). If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit. It has ended in an ugly spat between Kāpiti caravan owners and their motor campground landlords, power being cut off, lawyers called in, pensioners trespassed and a couple having to find a new home. As a non-essential service, holiday accommodation providers have been asked to close, while customers have been strongly advised against non-essential travel to maintain social distancing. Where these disputes cannot be resolved between the caravan park operator and the resident, either directly or with the support of a mediation service the dispute will generally end in QCAT. If you wish to report a problem with a road or street you can do so online in this section. VCAT (Victorian Civil and Administrative Tribunal) hears disputes between residents and park or caravan owners. Employers should discuss these changes with their staff and make them by agreement if there is not the contractual right to place the employee on lay-off. This is backed up the Competition and Markets Authority who also agree that if services are not able to be accessed, then refunds should be given at least in part. offer appropriate check and maintenance packages during the closure period or to carry out ‘drain downs’ etc. That list encompassed pretty much everything – including hotels, hostels, B&Bs, campsites, caravan parks, boarding houses and short term lets. As associate members of the BH&HPA, Wilkin Chapman has a wealth of experience advising the caravan industry and owners of holiday parks in Yorkshire, Lincolnshire and nationwide. In the majority of cases, park home life is a relaxing experience. The north-east province of KwaZulu Natal [KZN] in South Africa was once the scene of regular land disputes between Zulu tribes and British colonists. Caravan owners who have paid thousands of pounds in site fees this year will not receive any refund despite being unable to visit their holiday homes. The code applies if the park owner is a member of the BHHPA or the NCC. Now is the time to carry out a risk assessment to determine what new procedures you should adopt to manage risk, and in particular to identify who will manage the park if the owner or senior management fall ill. What happens to the pitch fees for this year that customers have already paid? Bring all your bills together, analyse them carefully and understand what can be stopped or reduced. If you need assistance specifically with employment related issues or if you are considering whether to furlough your staff, please contact Oliver Tasker by email: oliver.tasker@wilkinchapman.co.uk or telephone: 01522 515987. Act 1983, the Caravan Sites Act 1968, and recent housing legislation. Will I have to refund them? The owner of a caravan is paid a hiring charge. Site owners say older caravans are an eyesore which are resented by other holiday makers. The Act commenced in 2007 and was designed to regulate the relationship between residential park owners and people who live in parks as their principal place of residence. Steps to resolving residential park disputes. You can use it to report a problem or suggest an improvement to a webpage. Holiday park closures present the region's caravan park owners with a number of challenges to navigate. Some owners had had caravans at the Pendine Sands Holiday Park, which is … Now might also be the time to get on top of paperwork and audit your park in preparation for a sale or refinancing; or prepare planning applications or a programme of construction works for the end of the season. In Great Britain, there isn’t any specific legislation regulating the static caravan industry. Write to the other party stating your dispute and nominating a date for a meeting. Decisions made by the tribunal are legally binding. The guidance is continually changing so we would urge businesses to seek legal advice if you are considering furloughing employees or need more information on the CJRS. Our team has many years of dealing with businesses in distress and we can support you with a number of options to rescue your business. Caravan Park. It’s not as scary as it sounds. owners and occupiers of caravans (commonly called “park homes”) stationed on protected sites. Home owners who believe the park owner has not maintained a tree(s) can apply to the tribunal for an order requiring them to do so, subject to the dispute resolution procedures in the Manufactured Homes (Residential Parks) Act 2003 . For example if you were sold a caravan and told it was four years old but it was six years old, or the price charged was not that displayed on a caravan, Trading Standards Service could investigate. You may want to close the barriers to the park, and ‘lock down’ as you would during the winter period. Although usually less formal than a court, its rulings are binding on the parties. With no current legislation protecting holiday caravan owners against bad practices being enforced by unscrupulous park owners, some caravan owners find themselves paying unnecessary fees, hidden costs and fines which in other industries would be illegal. There’s no obligation on the business to top up the 80% to the employee’s normal level of pay. For queries or advice about rates, email:rating@lpsni.gov.uk, For queries or advice about property valuation, email:valuation@lpsni.gov.uk, For queries or advice about land registry, email:CustomerInformation.LandRegistration@finance-ni.gov.uk, For mapping queries, email:Mapping.Helpdesk@finance-ni.gov.uk. This document is also available in a print-friendly format (PDF).. They have a Code of Practice under which caravan owners are entitled to a written licence agreement. 3. However, for caravan owners who have already paid pitch fees to keep their caravans within the grounds of a holiday caravan park, this is undoubtedly a frustrating situation. Comments or queries about angling can be emailed to anglingcorrespondence@daera-ni.gov.uk. Accommodation Types: Victorian Civil and Administrative Tribunal (VCAT) VCAT hears a range of disputes, including those between park owners and residents. To reply to you, we need your email address, Coronavirus (COVID-19) information and advice  ... more, Residents associations' and occupiers associations, Using a static caravan for holiday purposes, What to do if you have a problem with the site owner, contact the relevant government organisation directly, dcs.incomingpostteamdhc2@nissa.gsi.gov.uk, customerservice.unit@communities-ni.gov.uk, Driver and Vehicle Licensing Agency (DVLA), Swansea, Driver & Vehicle Agency (DVA), Northern Ireland, Public Record Office of Northern Ireland (PRONI) enquiry service, CustomerInformation.LandRegistration@finance-ni.gov.uk, terms that exclude the park owner’s liability to supply a caravan of satisfactory quality, fit for its purpose and matching the description given, exclude the park owner’s liability for negligence in causing death or injury, or damage to your caravan, car or other belongings, are not clear about what you have to pay both now and later on, let the park owner make significant changes to your rights and obligations without consulting you, or for reasons that are not clear, tie you into buying goods and services from the park owner for no valid reason, let the park owner move you from your pitch without a valid reason, prevent you during the period of the pitch licence from selling the caravan and transferring the pitch licence to someone else, though the park owner can legitimately require you to get his consent first, provided he does not refuse it unreasonably, allow the park owner to make you buy a new caravan to be able to stay on the park, when your caravan is of a good standard and the licence period has not expired, give the park owner the right to sell your belongings to recover money you owe them, make you pay an extreme interest rate, or extra penalty charges, for late payment of fees and charges, allow the park owner complete freedom to decide the meaning of terms in the agreement, allow the park owner complete freedom to decide whether you are in breach of the agreement and to penalise you. Here we've answered your most common concerns and queries As the spread of COVID—19 intensified, on 24 March 2020, businesses providing holiday accommodation were advised to close their doors as quickly as possible. As a residential park owner, your basic responsibilities are to: 1. take reasonable steps to ensure home owners and their tenants have access to their sites and all common areas 2. maintain the common areas and communal facilities in a reasonable state of cleanliness and repair so they are fit for use by home owners and their tenants 3. be reasonably available to home owners and their tenants to address park issues, such as the supply of utilities 4. ensure you provide a continuous supply of utilities to the park a… The VAT treatment is then standard-rated for holiday parks and exempt for residential parks. This article aims to clarify the legal position and help residents and site owners to resolve any disputes. ... a mobile home park or caravan site. Claims for the grant for those furloughed will be made through the HMRC online portal, which is expected to be up and running by the end of April. A converted caravan is not considered a manufactured home, except when: there is a pre-existing site agreement between a converted caravan owner and a residential park owner Caravan park proprietors have challenged claims that advice from the Competition and Markets Authority (CMA) allows caravan owners to claim a refund. NOTE: The above details are not a complete list of the park operator's rights and obligations under the Residential Parks Act 2007 (SA) I rent my pitch. There will be a contract between the site owner and the owners of the holiday caravans. However, sometimes things do go wrong. My park is closed but I have a couple of caravan owners who are refusing to leave, are self-isolating in their caravan or simply have nowhere else to go. Site owner's right of entry to the caravan site. This has led to our order for a new caravan being cancelled by … The holiday park sector covers a wide range of holiday and temporary accommodation types, from touring caravans up to caravan holiday homes and lodges. You must first try to resolve the dispute within the park. This article was first published in Park Home & Holiday Caravan Magazine, September 2014.. If your holiday park business is faced with a dispute you need an experienced team who understand how your business operates, and that will work closely with you to achieve your objectives. For queries or advice about claiming compensation due to a road problem, contact DFI Roads claim unit. In addition to the Coronavirus Job Retention Scheme and SSP Relief package mentioned above, this includes: Further details can be found on gov.uk here. If you sell your caravan on site, and the agreement is assigned with the park owner's consent, a commission of up to 15% (plus VAT) may be payable. Resolving disputes. We’ll start with the Moveable dwelling tenancy agreement (Form 18b). Park owners eventually agreed to stop applying GST to site fees. A caravan holiday by the sea may sound idyllic but disputes can blight the relationship between holiday makers and site owners. I employ numerous members of staff on full time, part time and seasonal contracts but now that the park is closed there is little or no work for them to do. You do not need legal representation to appear at VCAT. If your query is about another benefit, select ‘Other’ from the drop-down menu above. See Residential Parks Act 2007 (SA) ss 11, 24, 28, 31-35.. The other party must respond in writing within 7 days of receiving the notice. We’re all in this together – and all part of a wider supply chain.”. Consolidated implied terms in park home pitch agreements . As a static caravan owner of 5 years, I am sick and tired of being ripped off by Caravan Park owners. For queries or advice about passports, contact HM Passport Office. The residential park owner/manager will need to provide you with a Home owners' information document (PDF, 191KB). These should be read carefully so all parties know where they stand. As the spread of COVID—19 intensified, on 24 March 2020, businesses providing holiday accommodation were advised to close their doors as quickly as possible. if(window.da2a)da2a.script_load(); Caravan park owners charge rent. They give advice and investigate complaints. However the Government guidance is that accommodation providers should be able to remain open if: You should only remain open and accessible to those key workers or vulnerable groups set out above; and for those who are unable to return to their primary place of residence. There is an expectation that an attempt has been made to resolve any dispute between occupants, in accordance with the park rules, prior to the caravan park managements involvement. Young buyers are seen as more problematic than … Home Parks Association has a code of practice for its members, but park owners outside the association would not be bound by it. The site owner may enter the site without any notice between 9.00 am and 6.00 pm: to do essential repairs; to deliver mail; to read gas, electricity and water meters; They may also enter at any other time to carry out emergency or essential works, giving as much notice as possible. You cannot expel people if they have no alternative accommodation (e.g their place of residence is overseas or rented out), or those with a reasonable basis for being on the park (e.g. For queries or advice about pensions, contact the Northern Ireland Pension Centre. If your query is about another topic, select ‘Other’ from the drop-down menu above. Implied terms are contractual terms which are implied by statute into the pitch agreement between a resident and a park owner which permits the resident to station his park home on the site and occupy it as a residence. Call 0800 587 0912Email dcs.incomingpostteamdhc2@nissa.gsi.gov.uk, Call 0800 587 2750 Email customerservice.unit@communities-ni.gov.uk, Call 0800 587 0912 Email dcs.incomingpostteamdhc2@nissa.gsi.gov.uk, Contact your local Jobs & Benefits office. If you do find yourself having a dispute with the site owner, you should: Attempt to settle the dispute directly with the owner at first; If that doesn’t resolve the issue, a tribunal may be able to settle the dispute Wilkin Chapman LLP is a limited liability partnership registered in England and Wales, registered number OC343261. Many caravan owners believe that they should be owed a refund from the park owners for the period of time that they’ve not been able to access their caravan or enjoy the facilities on offer. Caravan owners have been warned after a popular holiday park chain ended the tenures of several long-term owners. They can also look at any arrangements that could form an unfair contract term; for example: The main associations representing caravan park owners are the British Holiday and Home Parks Association (BHHPA) and the National Caravan Council (NCC). It may be that you wish to offer a partial refund for loss of enjoyment, or issue vouchers for use in your facilities or clubhouse, but this decision should not be rushed and should be made when we have certainty over the period of lockdown. Suspending services or restricting them to essentials between home owners and park owners aims to clarify the legal of... Of suppliers and explain that you ’ re suspending services or restricting them to essentials ) da2a.script_load ( ) //! Road or street you can apply to a written licence agreement is to be determined and the of! After a popular holiday park, and ‘ lock down ’ as you would during the closure period or carry! Of several long-term owners caravan on the site, their spacing and health and safety matters bar buyers on of. Under which caravan owners to enter the park to check their caravan or … resolving disputes written statements need. Close the barriers are down and locked in this guide, this charge is treated further... But disputes can blight the relationship between holiday makers and site owners to claim a refund charge (. To respect rights of home owners and occupiers of caravans ( commonly called “ park homes ” ) stationed protected. Re suspending services or restricting them to essentials agency which handles that benefit making! Some income by continuing to maintain the park owner is a relaxing experience // > < ]! Residential parks ) Act 2003 outlines the process for managing complaints and resolving disputes more information, for National... 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