When you agree to host a holiday home at a park, you will need to adhere to specific terms and conditions. While you will be responsible for your static caravan or holiday home, you will still need to respect the laws and conditions laid out by your park operator. This is because the land you are buying on is still under their jurisdiction. Did you know that you could risk eviction from the holiday park if you don’t honour your contract?
No one enters into a holiday park contract to break it. Doing so could not only result in you facing fines or legal action but could also result in your being evicted or removed from the park. It is, therefore, crucial to discuss any concerns you may have regarding a contract in full detail with a park operator before you get started.
In this guide, we will take a look at some of the main points you need to consider when it comes to holiday park evictions. Naturally, this will be a scenario that all parties wish to avoid.
Please note that this guide offers general advice only. Specific terms and conditions for various park operators and sites will vary. Always make sure to read your obligations, licensing and contracts carefully, and to ask for advice from your operator or a solicitor if you have any specific concerns.
This guide should NOT be used in the stead of legal advice and is therefore merely an introduction to holiday park eviction and contracts.
Before You Sign Your Contract
You should, ideally, enlist the support of a solicitor before you sign any holiday park or home contract. While holiday parks are fully regulated to supply fair and just contracts for all, there may be some terms and conditions which you may not understand, or you may need some terms clearing up. There is never any harm in asking for support. Park operators will also be very willing to help you understand the clauses laid out to you. You can take your time to read terms, and there is no need to rush.
Ultimately, a park contract is in place to make sure that everyone’s rights are protected. As a buyer and property owner, you have the right to warm, comfortable housing which is both private and free for you to use within limits set by a park. At the same time, holiday parks want to make sure that other residents’ rights are protected, and that their pitches and land remain at the standard they work hard to protect.
If there are any terms and conditions in your contract or license which you do not feel comfortable with, you have no obligation to sign. Make sure to ask a park operator if you can take your time to read your contract and to consult legal advice if necessary. Operators will be happy to oblige as they want to ensure that you understand what they expect from you. Contract breaches can cost operators a lot of money and unnecessary hassle.
Holiday Park Eviction occurs very rarely, though it will be as a result of a breach of contract. Parks may reserve the right to terminate your agreement if there is reasonable evidence to suggest you have breached your agreements with them.
Breaches and Their Contractual Impacts On Holiday Parks
Eviction on holiday parks, as mentioned, rarely occurs. Holiday parks and property owners both benefit hugely from their agreements. However, contracts need to exist to ensure all parties understand what is expected of them.
You may face eviction from a holiday property if you breach your contract severely, or if you do so on multiple, less severe occasions. It is imperative to assume that all breaches, no matter how small, will result in action taken against you. In any case of suspected breaching, park operators will contact you in writing to raise their concerns. It is only in very severe circumstances where they may have to take direct action.
However, as stated, all park contracts differ in one way or another. Therefore, make a point of reading termination clauses to understand the level of leniency offered by your operator. Once you agree to and sign your contract, you must NOT breach it under any circumstances. Even ‘minor’ breaches are forbidden and are never worth the risk. If you are not willing to adhere to policies laid out in a holiday home contract, you must NOT sign it.
Severe Breaches of Contract
Severe breaching of holiday home contracts are likely to result in written warnings and escalated action. Once again, it is never worth risking the rigidity of your contract.
Severe breaches may include:
- Intentional or criminal damage, to your property, your pitch or others’ homes
- Use of your premises for criminal activity
- Disruptive and anti-social behaviour, particularly if repeated
- Threats of violence used against park staff, neighbours or anyone on-site
- Refusal to support park operators following requests to cease behaviour
- Unauthorised modification to your property or pitch without due permission
- Unauthorised residential use of a property intended as a holiday purchase – you cannot under any circumstances live in a holiday home permanently, and your park operator will advise you of such terms
- Warranty invalidation
This, of course, is not an exhaustive list of scenarios. You must discuss your contract and any concerns you may have regarding termination with your operator at the first possible instance. Once again, legal advice will ensure you understand exactly what constitutes a breach, and why repercussions may be severe. For severe breaches of contract, even if they are one-time events, a park operator may request a swift remedy, or offer you short notice to leave their park. If matters of the law are involved, you may also expect legal action. However, you must check this in your obligations before taking such terms for granted.
Other Contractual Breaches
Repeated offences can have just as much of a negative effect on your standing in the community as severe offences. For example, a park operator may take action against you if you repeatedly fail to clear fees with them. It is essential that you clear park fees as soon as they are requested. Even if you own your static holiday home outright, you will still need to clear specific charges for local authority demands, for example.
In the case of a build-up of contractual breaches, a park operator will generally take action in writing to seek an immediate remedy. Failure to respond to these notices will increase the likelihood of you facing eviction from a holiday park, as well as any potential legal action. For example, if you are in arrears with your operator, efforts may be made to recover money from you through debt collection and court channels.
Your Legal Rights
You have protection through certain legal rights depending on the nature of your contract. If you wish to dispute action taken against you, or a notice, you should consult legal advice at first notice. A park operator should inform you of any potential holiday park eviction activity in writing; however, you must check your contract to understand any timescales or processes that may entail. Once again, all park contracts differ. It is never wise to assume that all contracts come from the same template.
You may be able to seek legal mediation if there is a contractual dispute. However, if there is little doubt that you have breached your contract, you must agree to remedies suggested by your park operator without fail. Contracts exist to protect everyone who signs them. However, you have the right to raise concerns if you wish.
If a holiday park determines that you are in severe breach enough of your contract to warrant removal from their premises, and you agree with their assessment, you must take action to adhere to their wishes with immediate effect. Failure to respond or even acknowledge a notice may result in escalating legal action.
Other Reasons for Holiday Park Eviction
Do bear in mind that there may be other reasons for eviction to arise. You will find these scenarios detailed in your contract. In these circumstances, holiday parks should offer as much written notice as possible so that you have time to prepare. Again, circumstances and terms will vary, so make sure you fully understand your potential for eviction.
Don’t Worry
Contracts exist for a reason. Holiday park operators want to make sure that property owners receive fair and just treatment during their stay, but at the same time, they also need to uphold a business. If property owners risk the stability of their business through negligent or criminal behaviour, operators have every right to take eviction action.
However, providing you sign your contract with a full understanding of what is at stake, and providing you keep to the terms you are bound to, there is no reason why you will face the risk of eviction. Read terms and conditions carefully, and contact a solicitor immediately if there is anything you either don’t understand or don’t feel comfortable with signing.