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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 6320
Experience:  Dual qualified Solicitor and Attorney
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This is very sad story that has gotten out of hand. It

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Hello, this is very sad story that has gotten out of hand. It started when we challenged the Berkeley Leisure Group park manager (David Curzon) about substandard electric that they were supplying us; we suffered many frequent power cuts because the wiring (we since discovered) was not updated to supply the amount of park homes that they were trying to supply. We were initially told that the electrical fault was in our home absolving them of responsibility; on the strength of that information we paid GASLEC to check our electrics, we had an outside fuse box moved from outside to inside our property and had all the electrics tested and were awarded certificates to say there was no problem with our electrics. Total bill for that £1200,00. We still suffered power cuts so challenged Berkeley to laying the blame with us and costing us money. All they had to say was that they have now sacked the electrician who told us that! I asked him to meet with me to discuss if we could be connected to the main western power supply and come off from their substandard park supply. David Curzon arrived unannounced with a director (James Lees) from Berkeley whilst I was home on my own. The Director was quite a nice guy but David Curzon was a nasty little man. His reply to us having our own supply was well we wouldn’t like it as it means digging up land but wouldn’t object and will not pay. That has just cost us £4500.00. Whilst they were at my property James asked to see the fuse box that had been moved so I took him through my home to my back garden. Unbeknown to me David Curzon snuck through my back gate to have a snoop and came up with a ridiculous letter of revenge demands because I dared to stand up to him! See attached photo of letter. To clear up those points, the wooden shed was already there when we purchased 3 years ago, the patio was laid as we have a dog who likes to dig holes in gardens, plus I am disabled so need walking areas flat and was unofficially given permission from the previous onsite manager who ironically they sacked for bullying! The fence was replaced as a like for like rule that we were led to believe was ok! The conifers are boundary hedges that preceded us but was the reason we bought that property for the privacy and to keep the dog in! I had an 8ft inflatable 30” deep pool up in my back yard for the summer only which I chlorinate and run small a filter pump, not noisy and my neighbour has NOT complained about the noise of pump as I asked her! I do not need no need to change water as he assumes because the pump and chlorine keeps itself clean. I also pay south west water for my water so he has no right to tell me how I can use my water? I am so hurt and upset by this I just do not know how to deal with all this hassle. I have crippling osteoarthritis and the pool helped with my joints as exercising in water helps. Since receiving his letter I have had to talk with my go who has put my pain meds up due to all this stress! If he had walked around the park (150 homes) he would have clearly seen that at least half have wooden sheds and three quarters have hedges, can he just pick on me just because I dared to challenge him. I am at the end of my tether and feel he has made my lovely home feel like an unhappy place I can not afford to sell as I am retired well retired off early because of my arthritis. I feel he has affected my mental health, my happiness and my right to a happy peaceful life. I really do not want to deal with him over these problems and feel victimised. Help!
Customer: replied 8 days ago.
My back patio, boundary hedge and shed

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 7 days ago.
I am desperate to know what to do and I know mobile park home laws always seem to come under “grey areas” but I really need someone’s help so please continue your search. Hopefully it won’t take too long as I have had far too many sleepless nights over this and feel my home is at risk if I don’t get help.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Customer: replied 5 days ago.
Please hurry I need to respond to Berkeley’s letter
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and refund your good faith deposit to the original funding source on request, as per our satisfaction guarantee.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Customer: replied 3 days ago.
I knew this was going to be hard but seems impossible to solve. Mobile home laws are a nightmare! Please refund my money and cancel my membership with you. Many thanks. Karen Fielder.

Hi thank you for your message, my sincere apologies for the delay in receiving a response to your query. As you rightly indicate mobile home law is something of a grey area and a lot of freedom is given to the park owners. The underlying legal agreement is usually in the purchase contract for the park home or indeed a lease agreement if applicable. At the same time there may be park rules but generally these can be changed virtually on a whim by the park owner as they own the land. That said, I will try to assist with your query below.

In terms of the points I would suggest you state the following:

1. You state that the wooden structures are a breach of the licence please kindly send me the full written terms and conditions associated with the licence including a reference to the clause that I am apparently perceived to have broken. Furthermore, as the shed and fencing has been in place for some time and indeed the property was sold to me with a shed in place, there is no a history of use which would indicate the right for me to have and use a shed. I note that a number of other persons on the park also have sheds and would be interested to note how many other people you have written too requesting they also remove their sheds. If as appears to be the case I am alone in being asked to remove my shed this is discrimination, as I have a disability, if I am alone in being asked to remove my shed and this breach of the licence is not applied equally with clear evidence of other owners being forced to remove their sheds also, I shall have to conclude you are asking me to remove my shed because you are targeting me as a result of my disability and will consider instructing a solicitor to bring legal action against you for compensation for disability discrimination as the only difference between them and me is I am disabled and they are not leaving discrimination as the only explanation.

2. The conifer trees were there when I bought the property. I am not responsible for the management of the park you are. This would of course include the management of trees. I note a number of other properties have such trees also. If as you say the trees represent a fire risk I am keen to understand why you have knowingly allowed a fire risk to persist with years and if you insist in pursuing this matter I will need to raise the issue with the local Fire Authority and point out that you as owner of the park who is ultimately responsible for fire safety are pursuing me related to fire safety but let unsafe conditions persist for years apparently in breach of your obligations under the Regulatory Reform (Fire Safety) Order 2005 for which you can be fined for which you personally could receive an unlimited fine or up to 2 years in prison so you may wish to think carefully about whether you want to pursue this issue.

3. Similarly in relation to the paving this is not unique to my property and appears throughout the park and again I will require evidence that you are applying this rule equally or should be forced to conclude disability discrimination. In relation to the size of the patio however, I note you normally agree to 80 square feet of patio, please confirm therefore, that you accept I can have 80 square feet of patio without breaching the licence? If so you must also accept that a patio in and of itself is not a breach of the licence?

4. The pool was available for a limited period during the summer months and either has or will be removed shortly as we go into winter. This is necessary as an aid to disability namely osteoarthritis. Furthermore, as you admit there is no rule about the use of these presently so it is by implication allowed. In relation to the water, it does not need refilling. The division of water on an apportioned basis dos not prevent me from using such a device, it may be that I use less water in relation to the kitchen, toilet or shower, so it is not possible for you to say I use an "unfair" amount of water in relation to the inflatable pool. Indeed unless you have carried out a full study over say a 12 month period with an exact breakdown of the usage of each property and their apportioned payments it is impossible for you to say I am using more or less. In any event I pay for the water I use.

I trust all the above is satisfactory.

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 6320
Experience: Dual qualified Solicitor and Attorney
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