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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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Hi Good MorningMy Husband and myself live in a single Mobile

Customer Question

Hi Good Morning My Husband and myself live in a single Mobile home which we love,but a double unit as come up for sale. We have put an offer in and was ecepted,we understand we cant have two unit on the Park. On advice from iphas we have put ours up for sale we do not need the money from the sale of our home to buy this unit. The owner said he whats the unit himself he is well know. We are now worried we will be told to get of the park can you help. Kind Regards XXXXX XXXXX Stallard XXXXX XXXXXX

Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Have you signed any terms and conditions with the park?

If so do you know what provision they are relying on to potentially remove you?

How close are you to completing the purchase of the other unit?

Kind regards

AJ
Customer: replied 2 years ago.


Hi AJ


 


we have not signed anythink,only to put the sale of our unit


Mr Hartley has not said anythink at the moment only that he whats the unit


and he will stop it the sale


All we know is that it has gone to probate and the owners what us have it when it comes thought.


 


He as already said about two unit


 


iphas have said if we put ours up for sale, and move as soon as the other


unit comes thought we are to move across to the unit soon.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I see sorry to clarify the site owner has said he wants to the old unit for himself.

You are concerned that if you sell your unit without the other unit being secured you will be left with no where?

Kind regards

AJ
Customer: replied 2 years ago.


Hi


 


yes that is one thing .The Law was change last year saying mobile home owners could sell to whom they whated without the land owners butting in


 


we are worried that he will say if you dont let me have this unit l will get you moved


 


what iphas has said if we put ours up for sale and as soon as the other unit is empty we will have to move in


 


thanks

Customer: replied 2 years ago.


Hi AJ


The act for mobile homes 1983 to 2013 they were only sold and you only bought if the owner of the land said yes.


Now you can sell and buy with out the owner butting in but our owner dose not agree with law.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I agree the law is on your side and under the new legislation you are protected from harassment and eviction. This is under S.12 of the 2013 legislation which can into force in June of last year. The rest of the legislation unfortunately does not commence until 1 April 2014.

However as it stands you have not actually broken any rules so they cannot kick you out.

Has he actually threatened you with eviction in writing?

Kind regards

AJ
Customer: replied 2 years ago.


Hi AJ


 


No not yet


but he spoke to me and said he was going for the unit and he wanted to make a profit we all know what the man is like.he will go out of he's way to stop us.


we dont want to loose our home if we persue this


 


Kind Regards


 


Pat


 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

You have the right not be harassed and protected from eviction. Breach of this section and the owner will have committed an offence (assuming this is a protected site).

However I am not sure what else you can do, you want the site and know that this individual is going to give you a hard time about it.

Do you have an agreement in principal to buy the site from the current owner?

Kind regards

AJ
Customer: replied 2 years ago.


Hi AJ


 


yes we do have agreement they want us to have the unit and that the price is on the probate but l surpose if he offer more money to the solictor he will take it.


This is wear it will be against the Law


 


Kind Regards


 


Pat

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

The solicitor has accepted your offer - has a contract been drawn up?

Kind regards

AJ
Customer: replied 2 years ago.

Hi AJ


 


No not yet but ours has had our passports and all other Documents


 


Kind Regards


 


Pat

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

If the site owner offers more money and his offer is accepted then I am afraid there is nothing that can be done.

The concern is if your offer is accepted you need to be able to switch to the other caravan without breaking any rules and therefore being evicted. Do you have a copy of the site rules you can send to me?

Kind regards

AJ
Customer: replied 2 years ago.


Hi AJ


I sent the rules but you hav;nt got them ,You have been on this email al day


you are a star


I am so gratefull to you ,you have help us a lot l will let you know what happens


 


Kind Regards


 


Pat

Expert:  Alex J. replied 2 years ago.
Hi

Thank you very much.

I have received the rules. I will review them and see if I can assist.

I will review them now and respond in the morning.

Kind regards

AJ
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your patience.

I have reviewed the rules. I am afraid I cannot assist you further with this.

These are just contractual rules. If you breach the rules or push ahead with the purchase from what the site owner has told you, you risk a dispute. Until that happens it is very difficult to address the issue.

I am going to opt out to see if any of my colleagues can offer any guidance.

Kind regards

AJ
Customer: replied 2 years ago.


Hi AJ


Thank you for the advice you have given us as l've said you are star.but still worried.


 


Kind Regards


 


Pat & Alan Stallard

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