Closure of Mobile Home Park after 40 years. Do we have any rights? posted 07-03-2007

B

Bedlam

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Does anybody have any experience of the above?. I received a letter from the owner today saying he was closing after 40 years and giving us 3 months in which to remove the mobile home. I am wondering having had a mobile home there for 20 years do I have any rights?.

Any feedback welcomed


Thanks


Bedlam
 
Re: Closure of Caravan/Mobile Home Park

Do you mind me asking where the park is?
 
Re: Closure of Caravan/Mobile Home Park

Hi

Park is in Ardmore, Co. Wateford
 
Re: Closure of Caravan/Mobile Home Park

did you have a contract of any sort with the site owner? What was the agreement re ESB, water, etc..?
 
Re: Closure of Caravan/Mobile Home Park

There are 150 mobile homes on the site so I would that a lot of them will be put up for sale.

There was never any contract as such. The cost of services was included in the annual fee.
 
Re: Closure of Caravan/Mobile Home Park

If it was your PPR then I suspect that you might have some statutory rights. If not then I'm not so sure. Might be worth asking a solicitor for a professional opinion.
 
Re: Closure of Caravan/Mobile Home Park

Clubman

What is PPR?

Thanks

Bedlam
 
Re: Closure of Caravan/Mobile Home Park

PPR=Principal Private Residence. Presumably doesn't apply in your case as it's a holiday home, right?

Do you know any of the other 150 mobile owners in the park that are in the same position? A group of you might be able to work together to get a solution to your problem.
 
Re: Closure of Caravan/Mobile Home Park

No it is not my principal residence. The whole park is being closed with the result that 150 people have to find a new location for their mobile homes.

I am really looking for people who moght have experienced a similar situation.

I feel 3 months is a very unreasonable time limit when you consider how difficult it will be to find another park.

Thanks


Bedlam
 
Re: Closure of Caravan/Mobile Home Park

You paid an annual fee to park your caravan under a license from the owner of the land.This type of license confers no ownership or tenant rights on the licensee.
 
Re: Closure of Caravan/Mobile Home Park

Vanilla

Thanks for this information, which is clear. Would you have a view on the notice period given of 3 months is this a reasonable period to expect 150 people to find alternative locations?

Thanks

Bedlam
 
Re: Closure of Caravan/Mobile Home Park

Vanilla said:
You paid an annual fee to park your caravan under a license from the owner of the land.This type of license confers no ownership or tenant rights on the licensee.
Click to expand...

It occurs to me to wonder if the OP's situation is akin to that of a person renting a room in someone's house, to wit:-

(From Citizensinformation)

"If you choose to rent out a room(s) in your home, you are not covered by landlord/tenant legislation in Ireland. This means that you are not obliged to register with the PRTB as a landlord, provide a rent book to the tenant or ensure that the accommodation provided meets any minimum physical standards.

This also means that private tenants living in your principal home are living under a "Licensee Agreement" not a tenancy agreement and are really only entitled to "reasonable notice" if you choose to terminate the agreement. Tenants are, however, entitled to refer disputes regarding periods of reasonable notice, retention of deposits, and disputes regarding deductions from rent for damage to property that is over and above normal "wear and tear" to the Small Claims Court. "

The reference to taking disputes about periods of reasonable notice to the Small Claims Courts is interesting perhaps?
 
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Re: Closure of Caravan/Mobile Home Park

pat127 said:
It occurs to me to wonder if the OP's situation is akin to that of a person renting a room in someone's house, to wit:-
Click to expand...
How could it be? Seems to me that it is not a retail issue so the SCC would probably not deal with this matter.
 
Re: Closure of Caravan/Mobile Home Park

Hi Bedlam, unless you have a written contract which gives a different notice period then in my opinion the notice period is really a matter for the owner. As to whether 3 months is reasonable, well that's a matter for you to decide, I suppose the only thing you could do would be to ask the owner if he would be willing to extend the period.

As I said before this type of arrangement does not confer any tenancy rights so in my opinion you would be wasting your time, money and effort trying to establish said rights.
 
Re: Closure of Caravan/Mobile Home Park

Vanilla,

Again thanks for your in put and I agree with your views. Last thought on the matter whan can the owner do if I decide to "walk away" and leave my mobile home there.

Thanks

Bedlam
 
Re: Closure of Caravan/Mobile Home Park

ClubMan said:
How could it be? Seems to me that it is not a retail issue so the SCC would probably not deal with this matter.
Click to expand...

That's an interesting point Clubman and I would have agreed with you but I'm taking the info from the new Citizens Information database. I suppose that can't be absolutely guaranteed to be correct I suppose.

The following is from the ODCA website describing the SCC:-

"What kind of claims can be dealt with?


A claim in respect of goods or services bought for private use from someone selling them in the course of a business (consumer claims).
A claim in respect of minor damage to property (but excluding personal injuries)
A claim in respect of the non-return of a rent deposit."

The definition of a 'business' is the key I think. I can understand how a caravan-park owner can be described as being in business but quite how it applies to a private individual renting out a room is difficult to understand.
 
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Re: Closure of Caravan/Mobile Home Park

pat127 said:
A claim in respect of goods or services bought for private use from someone selling them in the course of a business (consumer claims).
A claim in respect of minor damage to property (but excluding personal injuries)
A claim in respect of the non-return of a rent deposit."
Click to expand...

I'm not a legal expert but for the life of me I can't see any connection between the OP's situation and any of the above. Its not even established that the OP has any claim against the business owner - all they want, presumably, is continuity of service in the caravan park?
 
Re: Closure of Caravan/Mobile Home Park

ubiquitous said:
I'm not a legal expert but for the life of me I can't see any connection between the OP's situation and any of the above. Its not even established that the OP has any claim against the business owner - all they want, presumably, is continuity of service in the caravan park?
Click to expand...

In fact all he seems to want is a view on whether 3 months is a reasonable notice period.


"I feel 3 months is a very unreasonable time limit when you consider how difficult it will be to find another park."


"Would you have a view on the notice period given of 3 months is this a reasonable period to expect 150 people to find alternative locations?"

As I understood from citizensinformation that a room-renter in someone's home could apply to the SCC to claim that the notice period was unreasonable then it occurred to me to wonder if the same might apply in bedlam's case. I had hoped that Vanilla might have expressed a view. I have asked the ODCA to clarify if the database is correct.
 
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Re: Closure of Caravan/Mobile Home Park

Bedlam said:
Vanilla,

Again thanks for your in put and I agree with your views. Last thought on the matter whan can the owner do if I decide to "walk away" and leave my mobile home there.

Thanks

Bedlam
Click to expand...


I don't understand why you would want to do this. Is it because the mobile home has no value anymore- that you would have to dispose of it?

I suspect that if this is the case then legally the owner of the site can give you notice and if you still do not remove it, he can remove and dispose of it and pursue you for the cost of doing so.

Pat127, I don't believe, in my opinion, that a licence to park a caravan would carry any rights or privileges such as a room renter would be afforded, but it's certainly an interesting thought.
 
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