Residential Mobile Park Home Act - The Law in Scotland
The law relating to park homes in Scotland is different to the law which applies in England, and indeed in Wales, and was subject to change from 1st September 2013, changes made under the Mobile Homes Act 1983 (Amendment of Schedule 1.) (Scotland) order 2013 (S.S.I. 2013/219).
Park Mobile Home Residents Rights
To keep your mobile home on the site owner’s land and live in it as your home.
- To sell your home without the site owner approving the buyer.
- To give your mobile home to a member of your family without paying any commission to the site owner.
- To be able, on request, to see documentary evidence for anything you pay the site owner including new pitch fees, charges for services the site owner provides eg gas, electricity, and a copy of the site insurance certificate.
- To agree any proposed changes in pitch fees, changes in pitch fees must take into account : site improvements that benefit residents; decreases in the standard of the site or the facilities and services provided; relevant changes in the law; changes in the retail prices index. If you and the site owner cannot agree a change to the pitch fee either of you can ask a court to set the fee.
- To enjoy your mobile home without being disturbed unnecessarily. The site owner may enter your pitch but not your home : to read meters and deliver post between 9am and 6pm; to carry out essential and emergency works; for other reasons by agreement with you or on giving 14 days’ notice (in which case he/she must provide the time, date and reason for the visit).
- The site owner may move your mobile home to another comparable pitch on the site on a temporary basis: to carry out essential repair or emergency works or, if a court decides it is reasonable to move your home. If your home is moved, the site owner must return it to your original pitch, if that pitch can still be used.
- To have the base your home sits on repaired or if necessary renewed by the site owner.
- To have other parts of the site maintained in a clean and tidy condition by the site owner, provided they are not parts for which you or another resident are responsible.
- To be consulted by the site owner about improvements to the site.
- To receive a copy of your rights and responsibilities under the Mobile Homes Act 1983 (as updated) from the site owner.
If there is a residents’ association for the site you live on, it will be a Qualifying Residents’ Association (QRA) if it meets conditions in the legislation. The site owner must consult a QRA about matters which affect residents.
Park Mobile Home Residents Responsibilities
- To comply with your agreement with the site owner. A court can take away your right to keep your home on the site if you do not comply with the agreement.
- To live in the home as your main residence. A court can take away your right to keep your home on the site if you do not live in your home.
- To pay the site owner for services they provide such as gas or electricity.
- To pay the agreed pitch fee to the site owner.
- To keep your mobile home in a good state of repair and to keep the outside of your home and pitch clean and tidy. A court can say you must carry out repairs, or may take away your right to keep your home on the site, if your home is in such bad condition that it has a negative effect on the standard of the site.
- If you sell your home, you must ensure that the required commission, up to 10% of the sale price, is paid to the site owner and, 28 days in advance, provide the buyer with a copy of the agreement with the site owner, a copy of the site rules, and your forwarding address. The sale will not take effect until these things have been done.
- If you give your home to a family member, to provide evidence that the person is a member of your family if requested by the site owner.