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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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I have a static caravan in which i have installed an alarm

Customer Question

I have a static caravan in which i have installed an alarm for security.Site owner objects to this on the grounds it will give the impression to would be buyers that the site is not secure.I have argued that the site is not secure as he has reduced lighting around the park and that the field adjacent is now a construction site.His reply was that he would have it removed in my absence and if iwas unhappy to move to another site.I have been here 6 years ,there is no mention of alarm restrictions in annual agreements and i have previously seen other caravans with alarms, can you advise please is he with in his rights to insist i move, i cannont sell caravan privately as he has retained rights of purchase in the park agreements. Also if i move i must pay him £550+vat
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If the site has a closed season, and even if it doesn't, his argument that the site would appear less secure to a would be purchaser is not really logical. One would have thought that a purchaser would consider the site a lot more secure where security measures are actually being taken.

That apart this is a matter of contract. There is no specific clause on the agreement prohibiting alarm systems.

Unless there is something else in the agreement that would cover the point then he can't insist that you remove the alarm. The kind of thing I am thinking of is a clause that gives the site owner discretion as to what can be kept in or on the caravans.

For him to terminate the agreement and make you move elsewhere there has to be a clause that allows him to do so, either a notice or a termination provision. If there is no such clause then he can't make you go. If he does insist then you would have a right of action against him for damages.

Check your agreement and see if you can see anything in the light of what I've said. I am happy enough to deal with a follow up question.

In the meantime, I hope this helps. Please leave a positive response so that I am credited for my time.

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