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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Been handed a refurbishment form from the park manager as we

Resolved Question:

Been handed a refurbishment form from the park manager as we erected a canopy of the outside door to keep rain off when entering park home. As this is not classed as a porch we assumed this was ok to do so, however now been handed the form to fill out to ask permission even though we have completed the work.
Also the bank at the back of our park home is covered in ivy and the wall at the bottom is protruding out with the force of all the earth on the bank and roots from the trees from the woods. We asked permission to take the rotten panels that were previously erected and dig back some of the soil and rebuild a wall against the ivy so that this does not keep growing onto our shrubs when planted. We have been refused the build another wall and cannot dig out the ivy as this could cause a landslide. Due to the severe weather we have had over the winter the wall is now protruding therefore the soil has moved, therefore is going to cause in the future a safety issue if the wall collapses. No point in us redoing the slabs in the back and levelling the land out and replacing the slabs if in the future the wall collapses. We are in a dilemma in what to do as it is an eyesore to look out of my bedroom window at present and desperate to have something done to make the back look more appealing and more safe. It seems that the new management has got all these rules and regulations and refusing a lot of people doing things to improve their home now.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

What does your agreement say about adding extensions or alterations please?

Customer:

You must not, without the prior written consent of the sit owner carry out any of the following:

Alex Watts :

Ok - ?

Customer:

(I) Building works to the mobile home or the base or the pitch except any repairs or maintenance carried out by you in accordance with clauses 21(c) and/or 21(d) of the implied terms set out in part 3 of the mobile homes act (The 1983 act, as amended by the housing act 2004) agreement. (ii) The erection of any porches, sheds, garages, outbuildings, fences or other structures . This agreement is endless and too long to type all, however we did not realise the canopy we erected was counted as other structures and it isn't a porch. As for the garden we were given permission to some of the work but the dispute is the management is not letting us improve the back and making it safe. On the other hand they probably don't want us moving any of the soil, or removing the ivy as this may cause a landslide? Either way there is going to be damage as eventually the current slab panels already up are moving forwards. This is what we need to stipulate and make the management aware that we do not accept this.

Alex Watts :

Give me a sec

Alex Watts :

But you haven't erected a porch, its a canopy?

Customer:

I think where the management have got us as on the agreement it states " and any other structures" so assuming that this canopy is another structure and it protrudes from the outside of the property. We know we are within the limit of the length of the structure as it comes within the width of our steps and wall on the outside of our back door. It really is the issue with the back that we need advice on as we are stuck on what to do next and where to go for further advice.

Alex Watts :

Have they said they would not grant permission?

Customer:

The only permission we were given last year was to remove the back slabs, level the ground the replace the slabs on the ground, replace the garden shed with another metal one and just to put some cement in between these wall panels. They are not proper bricks, they look like panels that look like the old slate walls which you do not put cement to point them. We are not allowed to remove the ivy that has grown all over the bank and there is a small tree, shrub that was propped up with a load of bricks which we are not allowed to remove which is complete eyesore. With expert workmen this can be carried out in a safe manner and eventually this could fall down anyway with any further weather. We are going to appeal to the management to say that we are not happy with their response but just need to expert advice in what we can say to them if we have a chance of appealing. We are only wanting to improve the our place and to make it safe.

Alex Watts :

Ok - but is there an indication they would refuse to give permission for the canopy?

Customer:

Well we have already erected one of them which is over the back door, and I think that it would be ok and just a formality that we should have filled the form out we have been given and obviously we cannot do the front door canopy now until we receive permission to do this one.

Alex Watts :

Ok - its bad news

Alex Watts :

If it is a site rule saying you need permission then sadly you do

Alex Watts :

As a commercial organisation they can accept or refuse permission for this.

Alex Watts :

If they refuse permission then sadly there is not much you can do as they are a private company

Alex Watts :

If this was a public body then you could seek a Judicial Review

Alex Watts :

You can't even take this to a Tribunal because this is to do with a rule of the park, rather than a land issue

Alex Watts :

Therefore you should seek permission but if it is refused then you can only follow any appeal route shown

Alex Watts :

If there is no appeal route sadly there is nothing you can do

Alex Watts :

This is why it is so hard with a private firm

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Im ok with canopy part, it is really advice I need regarding the bank at the back as I cannot live with it as it is. Can only suggest when we fill the form out for the management to come out to our property again, but this time for my husband to be present as he will be able to explain things better. Thanks for your help anyway.

Alex Watts :

Yes I can imagine

Alex Watts :

The difficulty is that this is a private company.

Alex Watts :

This means that the options are limited.

Alex Watts :

If they are not doing works which they should be doing then you could potentially sue them and make them do it

Alex Watts :

But of course there would be a cost to this.

Alex Watts :

If you win then you could seek costs back, but if you lose you would be liable for their costs

Alex Watts :

It is something you can do but litigation is always a risk

Alex Watts :

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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