Thank you fellow Park owners for all your genuine supportive comments and appreciation for yesterdays email relating to Simon Calder.
In addition, we now have the following update from Jon Payne of LSL Solicitors to whom we extend our grateful thanks:
On all holiday parks there will be an agreement in place – whether oral or written – and this agreement stands irrespective of the current situation. The lockdown in place does not change that agreement.
Unless homes are required to be removed from the site (which is probably unrealistic in the circumstances), the site owner is still complying with the part of the agreement that relates to allowing the keeping the home on the site and so a pitch fee is due : This is not a service, but a right to use land.
The prohibition on use of a caravan has not come from the site owner, but from the government and it could therefore not be said that it is the owner who is prohibiting access or the use of the land.
Providing that the site owner is complying with the law and has not taken action to close the park which extends beyond the legislation, then it would seem that there is little or no ability for a caravan owner to refuse to pay for keeping the caravan on site.
The Government has said that “Where people live permanently in caravan parks or are staying in caravan parks as interim abodes where their primary residence is not available, they may continue to do so” and in these instances, we are of the view that the pitch fee still is due.
Find Jon and his colleagues at www.caravansolicitors.co.uk
Jon Payne (Partner) and colleagues
LEGAL ADVICE ON MOBILE HOME and CARAVAN SITES
LSL Solicitors – Wallingford and Oxford
With over 25 years experience Jon Payne and his team specialise in regulatory law concerning park homes as well as the purchase and sale of individual homes.
LSL is one of the leading firms in the country for this type of work, having advised park owners, local authorities and residents and dealt with cases in the magistrates courts, First Tier Tribunal and Upper Tribunal.
Kindest regards to you.
David Prince FCCA