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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We need some legal advice urgently. We have owned a static

Customer Question

We need some legal advice urgently.
We have owned a static caravan on Holker Estates in Cark in Cumbria for 11 years. When we purchased this we were informed that after the van reaches 15 years of age you have to sign an annual licence agreement to stay on site, although they have never enforced the rule to terminate your licence. Until last year when out of the blue approx 6 caravans were served 4 months notice because they were in prime positions and although there are now plenty of empty plots due to the recession they had new prospects who would only buy if they could have a certain spot. The reason given was age approx 23 years old. You are offered a chance to upgrade or go. Who has that kind of money in such short notice.
The start of this season I rang the Site Manager to inquire if this would happen again and he informed me he was waiting for instruction from the Estate Management and said there was no formal criteria but either age, location or appearance. He also stated if your caravan is over 15 years he advised not to do much renovation just in case you are picked
On Thursday 18th June I received a letter informing me they were serving notice due to the fact the caravan will be 18 years old in July. I have found out at the moment there are only 2 of us who have had these letters and we are in good locations. There are approx 80 caravans on our site that are either older or similar age, surely it would have to be one rule for all. We are devastated by this as it seems so unjust that if someone comes along and says I want that plot they can just tell you to go?
Please please can you advise if there is any way of defending this decision. I would be so grateful for any advice from you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
When did you move in please?
Customer: replied 1 year ago.

We bought the caravan in 2004

Expert:  Ash replied 1 year ago.
In short they are treating you less favourably? Are there rules to govern which caravans are picked?
Customer: replied 1 year ago.

There are no rules or letters that have been advised or sent to any caravan owners to inform us they have decided to start to enforce that after 15 years you may be asked to leave or upgrade. They are hand picking which caravans to evict and we all belive this is purley based on the fact if you are in a very good location they can make more money and commission from a new caravan sited on your plot.(also the Site Manager has said this verbally but not in writing) Could this be a type of victimisation as surley they have to apply the same rule to all caravans of the same age.

Expert:  Ash replied 1 year ago.
Ok if you refuse to move then they must seek a court order. You can defend it on the basis they are discriminating against you. There are no rules or letters that have been sent to others Etc. so their policy is inconsistent. Refuse to leave and they must get a court order, which you can defend.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Just 2 questions please.

If they seek a court order what are the approx cost for us to defend this?

If we refuse to leave can they just remove the caravan withot our permission at the end of the season without notifying us?

Expert:  Ash replied 1 year ago.
It's free to defend it. They can't just remove it. They must evict you with a court order, that is the only way.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 8 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you

In your honest opinion do you think we have a good chance of overuling the decision. I want to try to fight this as after 11 years of paying site fees of approx £3,000 per annum we should be treated with some respect.

Expert:  Ash replied 1 year ago.
I do think you have a good chance. They can't discriminate.
Alex
Customer: replied 1 year ago.

thank you for all the information.

Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.

Hi

Can I just clarify before I finish. I have compiled a letter but just a doubt

As we all have to sign the licence agreement annually can they use this and force us to move off site. Or will discrimination overrule this.

Wording below:

"This means that once the Agreement Period has expired, you must arrange with us for the Caravan to be removed from the park unless you and we enter into a fresh agreement. There will be no obligation to enter into such an agreement on you or us"

Thanks

Expert:  Ash replied 1 year ago.
Discrimination can overrule it.
Alex

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