Mobile home eviction

[steve4321]

I live in a park home, covered by the mobile homes act.Under the mobile homes act, a resident may object to a rent increase. The increase is not enforceable unless the landlord goes to a residential property tribunal and they agree that the increase is acceptable.

 

However, my landlord (the local council) claim that the mobile homes act does not apply to them. I understand that the mobile homes act applies to all mobile homes regardless of who the landlord is. The only exception is if the site is a gypsy or traveller site, which does not apply in my case.

 

Now the landlord is seeking possession for rent arrears,although the only rent arrears are the disputed amount. They have filed a possession claim and that is scheduled for 3 weeks time.

 

My question is whether I have grounds for a counterclaim. I would value my park home at £90,000 and would lose that if the court were to judge against me and grant an order of eviction.

 

I believe my landlord is acting vexatiously. They have been threatening this eviction for 15 months. I believe that their actions are an attempt to make me believe they have a reasonable chance of being evicted. I believe that they expect me to fear losing £90,000 and sell my home voluntarily rather than risk losing everything by going to court.

 

I am in an unfortunate position where I do not qualify for legal aid, and I can't afford a solicitor. I believe my case is a simple one, so am not worried about defending myself in court.

Edited August 17, 2013 by citizenB
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[honeybee13]

Hello and welcome to CAG.

 

I'll flag your thread for the site team so our evictions and legal people see this. I hope advice will be along later.

 

My best, HB

[raydetinu]

If the site is owned by the council then it is a protected site, and you are correct if you and the site cannot agree it is up to site owner to go to a tribunal.

they will decide if the increased fee is fair.

Did they send you a pitch fee review form, which explains your rights.

If they have not followed this procedure then I doubt they will win.

see: http://england.shelter.org.uk/get_advice/finding_a_place_to_live/mobile_homes

New legislation which came in on May 2013.

[seanamarts]

This may help as well.

 

http://www.stephens-scown.co.uk/blog/2013/07/new-pitch-fee-review-form-to-be-used-from-26-july-2013/

 

There is a free number with free advise about the fee's changing.

 

Did the council give a reason why these new regs dont apply to them.

 

I have to say I dont know much about site fee's with regards to mobile homes etc, but will scout about and see what else I can find about this.

[raydetinu]

I suppose they are saying that their action pre dates the new act?!

Suppose a judge will have to decide that.

[steve4321]

Thanks for your replies.

 

The council's legal department are adamant that as the site is owned by a local authority, the residents have no rights granted under the mobile homes act. They refuse to go to a RPT or allow us any rights that the mobile homes act gives us. Strangely, when residents have sold their homes as a result of the ever increasing pitch fees, the council demand the 10% commission under the mobile homes act.

 

The council did not send a pitch fee review form, but the two pitch fees I am objecting to were both before May 2013.

 

I am reasonably confident that a court will see things in my favour, however I am not sure if I should simply ask for a judge to dismiss the procedures, or whether I should be making a counterclaim for the council trying to force me from my home.

[seanamarts]

This should also help, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/208856/Park_Homes-_Know_your_rights_WEB_FINAL.pdf

[seanamarts]

This is probably the best I can do, its very up to date.

 

http://www.legislation.gov.uk/ukpga/2013/14/section/1

[45002]

I live in a park home, covered by the mobile homes act.Under the mobile homes act, a resident may object to a rent increase. Theincrease is not enforceable unless the landlord goes to a residential propertytribunal and they agree that the increase is acceptable.

 

However, my landlord (the local council) claim that themobile homes act does not apply to them. I understand that the mobile homes actapplies to all mobile homes regardless of who the landlord is. The only exceptionis if the site is a gypsy or traveller site, which does not apply in my case.

 

Now the landlord is seeking possession for rent arrears,although the only rent arrears are the disputed amount. They have filed a possessionclaim and that is scheduled for 3 weeks time.

 

My question is whether I have grounds for a counterclaim. Iwould value my park home at £90,000 and would lose that if the court were tojudge against me and grant an order of eviction.

 

I believe my landlord is acting vexatiously. They have beenthreatening this eviction for 15 months. I believe that their actions are anattempt to make me believe they have a reasonable chance of being evicted. Ibelieve that they expect me to fear losing £90,000 and sell my home voluntarilyrather than risk losing everything by going to court.

 

I am in an unfortunate position where I do not qualify forlegal aid, and I can't afford a solicitor. I believe my case is a simple one,so am not worried about defending myself in court.

 

Hello steve4321

 

There a better guild to mobile home rights here http://www.consumeractiongroup.co.uk/forum/showthread.php?392589-Park-MOBILE-HOMES-Guide-**Correct-as-at-May-2013**

 

 

 

Out of interest when did you 1st move onto the site and who was the LL when you moved on ?

Edited August 17, 2013 by ims21

[seanamarts]

Hello steve4321

 

There a better guild to mobile home rights here http://www.consumeractiongroup.co.uk/forum/showthread.php?392589-Park-MOBILE-HOMES-Guide-**Correct-as-at-May-2013**

 

 

 

Good luck....

 

However, my landlord (the local council) claim that the mobile homes act does not apply to them. I understand that the mobile homes actapplies to all mobile homes regardless of who the landlord is. The only exception is if the site is a gypsy or traveller site, which does not apply in my case.

 

That information covers for private land owners not the council. The OP clearly states that and wanted information with regards to COUNCIL LAND and what their rights were.

[45002]

That information covers for private land owners not the council. The OP clearly states that and wanted information with regards to COUNCIL LAND and what their rights were.

 

Why would I send the OP to a thread with information the OP already knows.

 

seanamarts

 

If you had waited until OP had answered this question I asked

 

Out of interest when did you 1st move onto the site and who was the LL when you moved on ?

Instead of jumping in head 1st,I would have posted why I asked that question in the 1st place

 

I not going to bother now as you clearly know all.

 

Apologies to steve4321....

Edited August 17, 2013 by 45002

[steve4321]

Hello steve4321

 

 

 

 

 

Out of interest when did you 1st move onto the site and who was the LL when you moved on ?

 

 

I moved onto the site in 2009. The council has always been the owner.

[45002]

I moved onto the site in 2009. The council has always been the owner.

 

OK Thanks what I was thinking wouldn't apply to you,sorry I cant help you more,Good luck

[steve4321]

Just to clarify the position. The council seem to think that any land/residential properties owned by them are considered to be local authority housing.

 

I am positive that the mobile homes act applies to all mobile home sites unless they are specifically for travellers regardless of who owns them. The council has thousands of houses that they rent out and have rules and procedures for those houses. They seem unable to accept that a mobile home on a pitch is not a house. They have even reminded all the residents that we are not to install laminate flooring in our homes as it is against council policy due to the fact it could inconvenience people living below us. I've checked under my mobile home and there is no one objecting to my laminate flooring:madgrin:

[citizenB]

Just to clarify the position. The council seem to think that any land/residential properties owned by them are considered to be local authority housing.

 

I am positive that the mobile homes act applies to all mobile home sites unless they are specifically for travellers regardless of who owns them. The council has thousands of houses that they rent out and have rules and procedures for those houses. They seem unable to accept that a mobile home on a pitch is not a house. They have even reminded all the residents that we are not to install laminate flooring in our homes as it is against council policy due to the fact it could inconvenience people living below us. I've checked under my mobile home and there is no one objecting to my laminate flooring

 

You have asked the ants and beetles as well ?

[45002]

Your could try your Local Shelter drop in Centre,Not the hot line

 

Enter your Full postcode into the below link

 

http://england.shelter.org.uk/get_advice/advice_services_directory

 

I did that a while back and went into my local shelter office and they pointed me to a great Solicitor and local law centre who help me know end.

[seanamarts]

Just to clarify the position. The council seem to think that any land/residential properties owned by them are considered to be local authority housing.

 

I am positive that the mobile homes act applies to all mobile home sites unless they are specifically for travellers regardless of who owns them. The council has thousands of houses that they rent out and have rules and procedures for those houses. They seem unable to accept that a mobile home on a pitch is not a house. They have even reminded all the residents that we are not to install laminate flooring in our homes as it is against council policy due to the fact it could inconvenience people living below us. I've checked under my mobile home and there is no one objecting to my laminate flooring:madgrin:

That is just typical of councils, Maybe you need to send photographic proof that apart from the odd mini beast living under there is nothing else to be disturbed, They could be nature lovers though and being considerate to them. Its very laughable.

 

Have you thought about getting your local councillor involved or perhaps your MP. Your council sounds very jobs worthy.

[steve4321]

Your could try your Local Shelter drop in Centre,Not the hot line

 

Enter your Full postcode into the below link

 

 

I did that a while back and went into my local shelter office and they pointed me to a great Solicitor and local law centre who help me know end.

 

Thanks for the suggestion. I did try shelter, citizens advice and CLS 15 months ago. At the time, the drop in advisers did not feel comfortable giving advice on the mobile homes act as it's not something they come across that often. They were all able to offer to refer me to someone more aware of that act, but each and every time the first part of the procedure was to fill in a legal aid form.

 

I am in a rather unfortunate position. If I had a mortgage on a house, or paid rent, that would be considered an expense when it comes to the legal aid assessment. However, as you can't get a mortgage on a mobile home, I paid for it with a mixture of savings, an unsecured loan, a credit card and a loan from a family member. These loans are not considered qualifying expenses for legal aid.

 

This isn't a major issue, I am 98% confident that the case will be thrown out of court. I just feel that due to the harassment and naughtiness of the council, I should consider a counter claim for the nightmare I have endured for 15 months.

[seanamarts]

Some one else could be more forthcoming with regards to a counter claim if it went to the court stage, however the proof of a counter claim will need to be on the basis of what losses you have incurred with regards to the decisions that the council have made. Mental stress would have to be documented with your GP etc. It could be more bother for you in the long run.

 

I would deal with the fee's issue first, if the council did take you to court and they lost then you could claim back expenses.

 

I would really have a chat with your local councillor or you MP with regards to this matter, take along the info that has been given in this thread and see where you go from there.

 

Have a meeting with the rest of the residents and invite the MP and some one from the council to come along and answer a few discrepancies that you have.

[stu007]

Which Council are we talking about?

 

These PDFs may be of use:

Edited August 17, 2013 by stu007

[steve4321]

Which Council are we talking about?

 

These PDFs may be of use:

 

I am quite happy to name and shame. If I were to give you the full story, there would be further allegations of serious criminal acts by the council, right up to the chief executive. I only joined the site today, so I'm not sure it's acceptable to name people you are making allegations against. Could someone confirm if this is ok with the CAG admins?

[stu007]

Hi steve

 

I am not asking you to name any individual just who the local authority/council are.

 

I fully respect your concern and if you wish not to name them its not a problem.

 

What I would suggest then is that you have a look at the council website and search for any document concerning either Caravans or Mobile Homes.

 

Also as the council are saying the rules don't apply to them Put them to Proof that they don't. Write and ask them for copies of all relevant Policies/Legislation/Act of Parliament that state these rules don't apply to Councils.

[raydetinu]

certainly approach your local councillor to look into this. ( don't hold back anything give him the full information. )

I think the council are misguided to think the act does not apply to them and to think the property is a council house, when you clearly own it.

You should enter a counter claim for expenses and the action itself ( duress ).

[steve4321]

The council is Tandridge Council.

 

One of the first things I did was ask the council if they could provide any documentation, or even give a hint as to what they are referring to when they say that the mobile homes act does not apply. They refused to discuss the matter, advising me that my best option was to leave the site.

 

I went on a campaign, going higher and higher, asking each person if they could please tell me why the law did not apply. Eventually I started an email conversation with the chief executive. The chief executive admitted in an email that she was fully aware that the mobile homes act does apply. The chief executive however seems either unable or unwilling to make her own staff follow the law.

 

My local councillor has informed me of her version of the law. She has informed me that section 2(6) of the mobile homes act excludes local authorities. She has since admitted that she gave me totally made up legal advice. She has admitted that in her opinion, the council are totally in the wrong. However she seems uninterested in making the council stop the threats of eviction.

 

I emailed my MP, Sam Gyimah. I have explained to him that the mobile homes act is unfair. That for the council are entitled to £9000 commission if they force residents to sell their plot, compared to an annual rent of £1500. This law puts cash strapped councils in a position where it is far more profitable for them to evict a resident than to provide a safe and secure environment for them to live in. Unfortunately all I get is responses from his assistant telling me he is a very busy man and will take a look into things when he has time. It seems he hasn't had time to take a look into this for 15 months.

 

In my opinion, this entire 15 month nightmare is without merit. The council have no hope of succeeding with an eviction. They are deliberately and intentionally attempting to make me think I will lose a home I love and would value at £90,000, so that I will get scared, move out and the council makes £9000 straight profit from commission on the sale of my home.

 

I have to admit, for a brief time, I saw pound signs floating before my eyes. If this case were to be considered an unlawful eviction then my understanding is that I would have the right to counterclaim for the amount that the council made from the unlawful eviction. However after a day of thinking and reading all of the answers on here, I'm starting to form the opinion that this may not be the case.

 

Thank you all for your very useful help and suggestions.

[seanamarts]

Not good at all Steve, sounds like an excuse to get the resident out of the site in a round a bout legal fashion. Pay up or move out. We wont bother doing the repairs etc. Basically they are doing exactly the opposite of what the new 2013 regulations have stated. They obviously think they are invincible to these.

 

Have you thought about going to the media about this.