Tregatillian Park, Cornwall

TREGATILLIAN PARK RULES and additional Express Terms of the agreement in Part IV of the Written Statement under the Mobile Homes Act 1983 The following rules and terms of occupation are for the good management of the Mobile Homes Park and for the benefit of all who use it. They form part of the Express Terms of the agreement in Part IV of the Written Statement drawn up under the Mobile Homes Act 1983, and to which they are attached and they, together with the other terms contained in Part IV of the Written Statement, supersede any previous agreement, rules or terms between the Occupier and Owner, whether written or verbal. I. Only mobile homes of proprietary manufacture which conform to the definitions contained in the Caravan Sites and Control of Development Act 1960. The Caravan Sites Act 1968, the Mobile Homes Act 1975 and the Mobile Homes Act 1983, are accepted. 2. The Occupier shall not bring a mobile home, other than a new mobile home which must comply with I. above and which must also comply with the requirements of B.S.3632 or any replacement or updating thereof by the British Standards Institution, onto the park and then only with the prior written consent of the Owner Express Term 6 in Part IV of the Written Statement must be strictly adhered to. 3. The Occupier shall not let, licence or sub-let the pitch, the Mobile Home, or any room or part of the mobile home or pitch. 4. When the Occupier forms an intention to sell, or otherwise dispose of the Mobile Home, and before offering it for sale or disposal to anyone, he shall notify the Owner in writing of his intention to sell or dispose of it and stating the full asking price. If at any time later the Occupier decides to alter the asking price, he shall notify the Owner of the alteration in writing prior to re-offering it for sale. When the Occupier finds a prospective new occupier, who is prepared to pay the asking price for the Mobile Home, he shall at the first opportunity and this being a minimum of fourteen days prior to the proposed transfer of occupancy, introduce the Prospective Occupier and all the members of his household who intend to reside with him, to the Owner 5. The rate of commission payable by the Occupier to the Owner when the Mobile Home is sold shall at present be 10% of the total selling price as is allowed by Part III 8(2) of the Written Statement to which these Rules and Terms are attached. The commission will be subject to the addition of any tax that is legally applicable at the time of sale or assignment. The rate may be adjusted from time to time by the direction of the Secretary of State. 6. The Occupier shall notify the Owner in writing of any loan, lien or other agreement with any person or commercial undertaking that might give rise to a third party obtaining an interest in the Mobile Home. Prior to any such loan being arranged, the Owner‟s permission shall be obtained. 7. The Occupier shall notify promptly in writing to the Owner, the names of all persons who come to reside in the Mobile Home for a period of fifteen consecutive days or longer with particulars of their relationship (if any) to the Occupier or his/her spouse and the Owner shall also be notified of any person who ceases to reside in the Mobile Home. NB. The number of persons residing in the Mobile Home must never exceed the number of berths as stated in the First Schedule attached to the Written Statement. 8. The Mobile Home must be kept in clean and sound condition; decoration and external colour must be maintained to the satisfaction of the Owner. Wheels must not be removed, nor the Mobile Home repositioned without permission. No external alteration of or addition to the Mobile Home or pitch is permitted without the prior approval of the Owner, or without any necessary approval by the Restormel Borough Council Planning and Environmental Health Authorities. 9. The Occupier is responsible for the cleanliness of the pitch. He must also keep the area underneath the Mobile Home clear. 10. The Occupier is responsible for ensuring that both electrical and gas installations and appliances comply at all times with the requirements of the Institution of Electrical Engineers and/or other appropriate Authorities. 11. The Occupier must not permit wastewater to be discharged onto the ground. Where water is not separately metered or rated, the use of hosepipes is forbidden, except in case of fire. 12. The Occupier is responsible that all household refuse is deposited in approved containers, which must not be overfilled. 13. Musical instruments, record players, radios, other appliances and motor vehicles must not be used to cause nuisance to others, especially between the hours of 10.30 p.m. and 8.00 am. 14. All vehicles must be driven carefully on the park and must not exceed the speed limit of I0 mph. Vehicles must keep to the authorised parking spaces and to the roads, which must not be obstructed. Vehicles must be taxed and insured as required by law and drivers must hold a current driving licence and insurance. Disused vehicles must be removed from the park. The prior written approval of the Owner must be obtained before parking commercial vehicles. Driving instruction is not permitted on the park. Only one car per pitch is permitted and no other vehicle, trailer, caravan, boat or other similar property may be brought onto the park without the written permission of the Owner. The Occupier shall provide car parking facilities on his own pitch and in order to allow free access for emergency service vehicles, vehicles must not be parked on the roads. I5. Storage sheds, fuel bunkers, greenhouses, other structures and aerials of any description are only permitted with the approval of the Owner and where permitted must be of a design and size approved by the Owner. 16. Private gardens must be kept neat and tidy. The planting of trees and shrubs is subject to the owner‟s prior approval of types and positions. Trees and shrubs may not be cut down, removed or damaged and gardens will be left intact when the Occupier vacates the pitch. Garden or any other refuse must not be deposited anywhere on the park or on any land adjoining the park. The Occupier will be responsible for any refuse deposited on any land bordering his pitch that is not occupied by another Mobile Home Occupier. 17. Washing lines are to be reasonably screened from public view. I8. Pets, where permitted by the Owner, must be kept under proper control and not allowed to despoil the park. The only pets that may be permitted shall be dogs, cats and caged birds if kept inside the Mobile Home. When outside the Occupier‟s fenced garden, dogs shall be kept on a leash at all times whilst on the park and shall not be allowed to foul the ground, and they shall not be exercised on the park. 19. The Occupier shall be responsible for the conduct of children in his/her custody or care and of visitors. 20. It is forbidden to carry offensive weapons, or other objects likely to give offence on the park, or to interfere with or disturb any flora or fauna on the park. 21 The Occupier shall ensure that all persons living in, and all visitors to the Mobile Home shall comply with the regulations of the site Licence, water authority, and any other statutory authority and with these rules and terms. 22. Access is not permitted to vacant pitches. Building materials and any other materials, plant and machinery must be left undisturbed. Access to another Occupier‟s pitch is not permitted except by invitation from the Occupier of that pitch. Access is permitted to other parts of the Tregatillian Homes Park, but not to any other land occupied or controlled by the Owner. 23. No commercial enterprise or business activity may take place on the park without the written permission of the Owner. 24. In order to facilitate the movement of mobile homes, the Owner or his authorised agent may remove the Occupier‟s fences provided they are replaced as soon as is practicable afterwards. The Owner or his authorised agent may also remove to a new position within reason, the pitch boundary or fence if it should be necessary to widen or improve a roadway or the general layout of the park, and when a boundary is moved, the new pitch measurements shall be inserted on the plan of the Tregatillian Homes Park on the office notice board. 25. Provided that the electric installation and appliances in the Occupier‟s Mobile Home comply with the requirements of the South West Electricity Board (hereinafter called the Board), and provided a supply of electricity is available from the Board, the Owner will make a supply of electricity available to the Occupier at a meter to be placed in or near to the Occupier‟s Mobile Home. 26. The electric wiring leading to, the meter and the coin box (if fitted) are the property and responsibility of the Owner. Beyond this point, the installation is the responsibility of the Occupier who shall not make any alteration or addition to the installation without the consent of the Owner. 27. Payment for electricity supplied is to be made by the Occupier to the Owner by means of coin meter, monthly or quarterly account in accordance with the charges authorised by the Board for the resale of electricity by landlords to tenants in compliance with the Electricity Act 1957, whilst the supply is connected. Such charges are published by the Board at the time of any change and are also shown on the park notice board. Any coins in a coin meter are the property of the Owner but the Occupier shall be responsible for their safe custody until they are removed by or on behalf of the Owner. 28 The Owner, his agents or employees may if necessary enter the Occupier‟s Mobile Home at all reasonable times to read the electric meter, empty the coin box or carry out emergency electrical repairs and extensions. 29. The Owner shall not be liable for any failure of, or loss or damage arising from any failure of the electricity supply or of any fluctuation of the voltage at the Occupier‟s terminal. The Owner shall have the right (a) to interrupt the electrical supply to the Occupier‟s Mobile Home for the maintenance and repair of equipment or the connection of other mobile homes or equipment to the Owner‟s electrical supply and (b) to limit the amperage of electrical current at the Occupier‟s terminal. In such cases notice shall be given to the Occupier whenever possible. 30. If the monthly or quarterly electricity account shall be unpaid for more than fourteen days after the final demand, the Owner shall have the right to cut off the supply of current. 31. No electric stove, oven or cooker may he installed in the Mobile Home nor may any other electrical appliance that is rated at more than 3000 watts, be installed. This maximum rating of 3000 watts applies in particular to all types of water heaters both storage and instantaneous, and to all types of space heaters including both storage space heaters, warm air circulation heaters and electric fires. 4 The following definitions apply to terms used in all parts of the Written Statement to which this is attached. I. “The Park” shall mean the Protected Site as defined in the Act and known as the Tregatillian Park. 2.“Pitch‟ is the area of land on which a mobile home stands and the garden surrounding it. The boundaries and number of each pitch are shown on the attached plan of the Tregatillian Homes Park and the measurements of each boundary are shown on the plan displayed in the Park Office. 3.The Act‟ shall mean the Mobile Homes Act 1983. 4.„The Court” shall have the same meaning as in the Act. 5.„mobile home” shall have the same meaning as in the Act. 6.“The Mobile Home” shall mean the mobile home, particulars of which appear in the First Schedule of the Written Statement. 7.„The Occupier” shall have the same meaning as in the Act. 8.“The Owner” shall have the same meaning as in the Act. 9.“The Site Licence” shall have the same meaning as is defined in the Caravan Sites and Control of Development Act 1960.