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Site Fees at a closed site
My client main residence is at a caravan on a site which is part residential/part holiday - Pays £247.66 per month site fees - The siteowner is not being very helpful and demanding the fees which is causing my Cl a high level of concern as to what will happen when lockdown over - Cl has other Housing costs now as having to live with a friend so cannot afford both - Receives an occupational pension - He also did a bit of part time work but that has stopped now - Can anybody help with
1)What can the Site owner do during lockdown
2)Is there her assistance my Cl can access to help him pay the fees
Many Thanks
HB and UC will cover housing costs, including caravan site fees, for the dwelling occupied as the home. In some cases (more in HB than in UC) two dwellings will be covered - but this isn’t one of the cases where two dwellings are covered by either scheme so only the one normal home can be covered. From the brief facts outlined, it sounds as if the caravan is the normal home and the client is a non-dependant or guest in his present location.
Assuming the normal home that qualifies for HB/UC is the caravan, there is also the problem that he is temporarily absent from it. UC will cover it for up to six months, HB for 13 or 52 weeks depending whether he can make a case for receiving/providing medically approved care or convalescence.
I cannot advise on the contractual position re site fees, or whether the site owner would be eligible for any of the help that’s being provided to businesses and self-employed people during the outbreak - don’t know enough about the owner’s situation
Sorry - You will note new member so this is my first enquiry - Will try to be clearer
My questions are
1) Can my Cl claim Site fees as the Housing Element of UC as he is absent for a temporary period as cannot live there as the site is closed due to lockdown and is having to live elsewhere
2)if not is there any other sources of funds he could access to help pay the Site Fees
3)What action can the Site Owner take against my Cl for non-payment of the Site Fees
OK, in that case:
1. Yes
2. Shouldn’t be necessary
3. He needs housing advice. There is a moratorium on new possession proceedings under the coronavirus measures, but whether this extends to residential caravan site fees I not sure and I’m not qualified to advise. At first sight Schedule 29 to the Coronavirus Act 2020 doesn’t cover it. Maybe one for Elliot Kent.
I’m not an expert on park homes but from our factsheet Park homes
Park homeowners have certain key rights. Most of these only apply if the agreement with the site owner is ‘protected’ under the Mobile Homes Act 1983. Your agreement is protected if both the following conditions apply:
* you are entitled to station your park home on land forming part of a ‘protected site’
* you are entitled to occupy it as your only, or main, residence.
A site is protected if its planning permission or site licence allows both:
* residential use of the site by some, or all, of the residents
* caravans to be stationed on the site all-year round.
The site owner can only bring the agreement to an end byapplying to the County Court on any of the following grounds:
* the park home is not your only or main residence
* the home has a detrimental effect on the amenity of the site, due to its condition. If so, the Court can adjourn proceedings to allow repairs to be done
* you have broken the terms of the agreement, for example, you are in arrears with your pitch fee and the Court thinks it is reasonable to end the agreement. The site owner must tell you that you have broken the agreement and give you enough time to put things right.
Any dispute about the terms of the agreement or the condition of the home normally needs to be resolved by the First-tier Tribunal (Property Chamber) before a Court can decide whether it is reasonable to end the agreement.
The Leasehold Advisory Service (LEASE) provide free advice on the law relating to park homes. They have a helpline and a range of online guides.