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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We have had an offer to buy a park home on the open market

Customer Question

We have had an offer to buy a park home on the open market accepted and accepted an offer to sell our current home.
The site rules of the park home state that 'no person under the age of 55 may reside in the park home. You may accommodate guests under that age for genuine visits'. I am 55 but my wife isn't 55 until February 19th 2017. We have been told by the park owner that we can't proceed because my wife is not 55.
Could I argue under the genuine visit that my wife will be homeless and thus allowing her to stay with me as a guest until she is 55. How long and what classes as a genuine visit?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have they said why they have this rule please?
Customer: replied 1 year ago.

They have not said why. it is the rule of the park

Expert:  Ash replied 1 year ago.
Ok - well its illegal the rule.
Under the Equality Act 2010 it is illegal to discriminate on the grounds of age. So they can't apply the rule - its illegal.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

It appears the majority of residential parks have an age limit.

So how do I challenge the owner of the site about this please?

Customer: replied 1 year ago.
Relist: Incomplete answer.
More detail
Expert:  Jenny replied 1 year ago.
My colleague is right that the Equality Act 2010 prevents discrimination on the grounds of Age. On the face of the management company is discriminating against you and your wife on the grounds of age by failing to allow you to purchase the property.
The only exception to this would be if there is a material factor which is non discriminatory that allows them to discriminate in this way. They may argue that the purpose of Park Homes is to allow residents to live in a safe environment with other residents in a similar position. This may make it undesirable to sell property to people a lot younger. However the position they take with your wife seems arbitary.
I would suggest you ask the manager of that particular park to explain how this is rule is non discriminatory in the circumstances and ask to raise it higher within the organisation.
Your original question asks for the definition of 'genuine visit'. This does not have a legal definition but will have a definition within Park Homes policy. The point you raise is a good one and this, as well as Age Discrimination should be raised with the manager and, if necessary, higher management.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. thankyou and all the best.
Expert:  Jenny replied 1 year ago.

Hello is here anything further you would like to know about this?

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