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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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i have purchased a static holiday home on a haven park when

Customer Question

i have purchased a static holiday home on a haven park when purchase was made a pitch number was allocated to it an all money paid in full at end of november last year van has still not been sited an been told yesterday cant have pitch it was allocated too even thou paperwork says its a legal binding contract ,,,they are trying to put van in another spot not as suitable as original one sold have they mis sold this an what are my rights
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

Hi I will try an help

Matt Jones :

does the contract you have signed contain any provision allowing them to change the pitch in any given circumstance? for example if the land becomes unsuitable etc?

Matt Jones :

Also I am right to presume you own the caravan but rent the pitch it sits on for an annual fee? If not what if the arrangement?

Customer:

having agreed a van an pitch the contract states do not sign if unsure of anything as this is a legal and binding contract ....they knew the pitch position was the selling factor an was told people on the pitch has sold an was coming off ...but after we pay they decide to stay an park has allowed them to pay another year the pitch was allocated to us knowing others had given notice

Customer:

paperwork clearly shows pitch no, an location an nothing in any paperwork what so ever saying can change if not available

Matt Jones :

thank you

Matt Jones :

can you tell me the reason the "other" pitch is unsuitable for you (other than that fact that you didn't agree to it - i.e. is it sited far away)

Matt Jones :

Also what do you want to happen (i,.e money back, reduction in price, or for them to honour the commitment?)

Customer:

the pitch they are offering as a replacement has not got the large space between vans as one on my contract an so far no offer of a reduced yearly rate as first one the other had patio slabs aside van enabling to be able to sit out where the other has,nt got that room between plus the fixed verando on van will now look into the van in front where as we were originally given a front row....from ur comments i looks like i am not entitled to my contracted pitch if they offer alternative

Matt Jones :

HI

Matt Jones :

No I wouldn't say that you were not entitled to your pitch necessarily

Matt Jones :

In the first place it seem clear (subject to seeing the contract itself) that they have breached the contract. You entered into the contract on the reliance of, at least in part, the pitch you were going to get. this is arguably a fundamental part of the contract.

Matt Jones :

if a party breaches a "fundamental" part of the contract it entitles the other party to accept the breach and claim that as a result of this the contract has been rescinded, to withdrawn from the contract and claim damages for your loss (i.e your money back plus any additional loss)

Matt Jones :

Alternatively you can acknowledge the breach has occurred (i.e. the wrong pitch), complete your part of the deal (pay any balance and take possession) and claim for the loss suffered as a result of the breach. So in your case this would amount to suing the park for the difference in value between the Van in the contracted position and the new position (this may be a bit difficult to ascertain at first and so you may need a 3rd party valuers help), and any reduction in the rent for the "smaller" pitch.

Matt Jones :

if you are mindful to agree to the new pitch in light of the last paragraph above, and so that you get this agreed beforehand, I would suggest that, before you accept anything you agree some level of compensation package including a reduction in the cost the van, a reduction in the rent, and possibly an additional amount for the inconvenience

Matt Jones :

If they are not reluctant to enter into discussions then you should instruct a local Solicitor to write to them setting out your position.

Matt Jones :

I trust this helps - If i have answered your queries satisfactorily please leave positive feedback so I can be paid for my assistance to you. The question won't close and you can ask further follow up questions on this matter.

Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
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