Selling a Park Home – The Rights You Need to Know

Selling a Park Home – The Rights You Need to Know

Posted by Justin Allitt in Park Homes, May 16, 2016

Are you selling a park home?  Thankfully, it is easier to do so now than ever before.  In 2013, the government brought in the Mobile Homes Act to give park homeowners more protection.  This law offers you extra rights should you wish to sell your home.  This is very good news for anyone who may want to sell!  However, there are still some rules and regulations you need to be aware of.

If you are thinking of selling your park home, click here.

Park owners will still hold some rights when it comes to any homes you want to sell.  Of course, you should be aware of these terms when you first sign an agreement.  We always recommend you look carefully through your agreement with a solicitor to make sure you understand what you agree to.  However, it is also a good idea to keep a solicitor on side throughout your time as a park homeowner!

So – what are your rights when selling a park property, or selling a mobile home?  How can the Mobile Homes Act of 2013 support you?  Let’s take a closer look.

Read our Top ten tips for selling your park home here.

Was the Mobile Homes Act 2013 Really Needed?

It’s been a few years since the Act made it into UK law; however, opinion is still mixed.  Many people feel that the law has been a fantastic help in encouraging more people to sell and buy homes.  Others, however, feel that it wasn’t necessary.

The biggest changes in the law after the Act meant that park owners became less involved in the home selling process.  Before 2013, park management could stop sales in their tracks if they didn’t agree to new owners and purchasers.

There are a few reasons why a park owner may not agree to specific buyers.  For example, if they run a gated park for retirees, they would immediately refuse anyone under a certain age.  It is understandable why park owners would make some decisions like this.  However, the new Act gives a lot more power back to homeowners, instead.

Regardless of how you feel about the Act, it is good news that your rights when selling a park home have the backing of UK law.

Heatherbank Country Park, Shillford, East Renfrewshire

Am I Affected by the Act?

The date you need to remember is the 26th of May 2013.  If you bought your home and took ownership before this date, you will still need to send the park owner a notice of proposed sale form if you find a buyer.  They have no legal right to know any personal details about your buyer; however, they do still have the right to object to a sale.

If you became a park homeowner after this date, you won’t need to send any forms to your park owner.  The law essentially changed so that homeowners could go ahead with sales without the threat of park owners intervening.

This move was unpopular with some park owners.  Park home agreements are fair and legal by design, and many believe that further protection for sellers wasn’t necessary.  If nothing else, the changes have made things a little more efficient for new sellers.

Park Home Sales and the Law – What Actually Changed?

The new Act changed the way park owners can intervene in sales.  From the 26th May 2013, new park homeowners can now sell their property without the need for site owners to approve of buyers.  This means that, ultimately, you have the final say as a seller.  You don’t even need to tell a park owner that you are going ahead with a sale!

The Act also requires sellers and buyers to follow a few procedures to ensure sales are above board.  This means you will need to use forms available through the government itself, which you can download directly from GOV.UK.

You must also bear in mind that any buyers you find should agree to park rules and regulations.  Park owners can no longer interfere in these private sales.  This even applies if you signed an agreement that originally said they could!  The government also specifically states that no one can legally ‘put off’ a buyer and lie to block sales.

Selling a Park Home You Bought Before 26th May 2013

Let’s take a quick look at the selling process, and your rights, if you own an older property.

  • Find a buyer! This is where SellMyGroup comes in.  By registering your park with us, we will help you find people who genuinely want to buy property in your area.
  • Once you’ve found a buyer, you will need to give them a Buyer’s Information Form. This will tell them everything they need to know about the process.  You’ll need to fill in some details, as well as sign off.  Make sure to let your buyer know if there is any information that’s not included.
  • However, do update and include all the relevant paperwork and details wherever possible.
  • It’s important that your buyer receives these documents at least 28 days ahead of a sale completing.
  • Your buyer will then check the details and let you know that they want to go ahead. Then, you will need to send a Notice of Proposed Sale to your park owner.
  • The park owner will then have 21 days to object to the sale. During this time, they can request a tribunal.  This is for what is known as a Refusal Order.
  • A park owner can refuse a sale if buyers don’t meet age requirements, or if they would flaunt certain park rules. All buyers should agree to rules set by park owners.
  • A tribunal then upholds or dismisses claims; however, you can always sell to different buyers.
  • If the 21-day period expires, or if a park owner agrees that you can go ahead, you need to send your buyer an Assignment Form, which confirms all the finer details.
  • The park owner will take 10% commission from the sale, which the buyer must offer. You receive the final 90%.
  • Site owners must receive a Notice of Assignment within seven days of such an assignment taking place.

Selling a Park Home Bought After 26th May 2013

This is where rules can be slightly different, so let’s break things down further.

  • Once again, find a buyer. List your home through SellMyGroup, and we will help you find the perfect fit.
  • You should then send your prospective buyer a Buyer’s Information Form and let them know if any documents are missing. Do so at least 28 days before a sale is set to complete.
  • Buyers should then let you know if they have any concerns. Unlike older properties, park owners cannot intervene at this stage, and you will not need to send them any documents.
  • You can then send your buyer the Assignment Form, which will confirm everything they need to know about the sale and will effectively move it forward.
  • Without the park owners’ consent and forms required, you can move onto sending your buyer an Assignment Form. They can then accept this and send their Notice of Assignment form to the park owners up to seven days after assignment.  They will also need to pay 10% of the sale to site owners as commission.

Other Things to Bear in Mind

There are a few more points to consider when selling a park home, especially when the Act of 2013 is concerned. 

  • If you are selling a property after the original owner has passed away, the same rules will apply as above. However, a site owner cannot ask for a home’s removal after a homeowner has died.
  • You won’t be able to give a home away that you’ve inherited as certain rules apply. Please make sure to read our guide on park homes and wills for more information.
  • You won’t need to give out an EPC, or Energy Performance Certificate, when selling a mobile home. These documents may apply to standard housing, but mobile and park properties are unaffected.
  • Park and site owners won’t be able to block or misguide your sale in any way. Even if you have to approach your site owner with specific forms, they have no legal right to interrupt the sales process.
  • Park owners can no longer ask for details of buyers during the process, and they no longer have to agree to preliminary meetings.
  • You no longer have to sell your home through an estate agent. That’s why services such as Sell My Group are here to help!
  • There is no such thing as ‘first refusal’ as far as site owners are concerned. You also won’t have to submit to a survey before finding a buyer.

More Information on Selling a Mobile Home

Selling a park home is, arguably, easier for homeowners now than a few years ago.  However, there are still a few points you should bear in mind.  If you would like to know more about your rights when selling a mobile home, contact our team or read our guides at your convenience!  Otherwise, don’t forget that the government’s full guide to the Act provides a lot of helpful extra reading.