Mobile home owners in Scotland: guidance

A Guide for Mobile Home Owners in Scotland - Your Rights and Responsibilities

The law on mobile homes in Scotland is changing. From 1 September 2013, mobile home owners who live permanently in their homes on mobile home sites will have new rights and responsibilities. This kind of mobile home is often referred to as a 'park home'.

The changes do not apply to people who own mobile holiday homes or mobile homes that can only be occupied for part of the year.

YOUR RIGHTS

To keep your mobile home on the site owner's land and live in it as your home.

To market your home for sale through an estate agent or solicitor.

To sell your home without the site owner approving the buyer.

To give your mobile home to a member of your family without paying any commission to the site owner.

To be able, on request, to see:

• Documentary evidence for anything you pay the site owner including:
  • new pitch fees,
  • charges for services the site owner provides (e.g. gas and electricity)
• A copy of the site insurance certificate

To agree any proposed changes in pitch fees. Changes in fees must take into account:

• Site improvements that benefit residents
• Decreases in the standard of the site or the facilities and services provided
• Relevant changes in the law
• Changes in the retail prices index

If you and the site owner cannot agree a change to the pitch fee either of you can ask a court to set the fee.

To enjoy your mobile home without being disturbed unnecessarily.

The site owner may enter your pitch (but not your home):

• To read meters and deliver post between 9am and 6pm
• To carry out essential and emergency works
• For other reasons by agreement with you or on giving 14 days notice (in which case the site owner must provide the time, date, and reason for the visit).

The site owner may move your mobile home to another comparable pitch on the site on a temporary basis:

• To carry out essential repair or emergency works or
• If a court decides it is reasonable to move your home.

If your home is moved, the site owner must return it to your original pitch, if that pitch can still be used.

To have the base your home sits on repaired or (if necessary) renewed by the site owner.

To have other parts of the site maintained in a clean and tidy condition by the site owner (provided they are not parts for which you or another resident are responsible).

To be consulted by the site owner about improvements to the site.

To receive a copy of your rights and responsibilities under the Mobile Homes Act 1983 (as updated) from the site owner.

If there is a residents association for the site you live on, it will be a "qualifying residents association" if it meets conditions in the legislation. The site owner must consult a qualifying residents association about matters which affect residents.

YOUR RESPONSIBILITIES

To comply with your agreement with the site owner.

A court can take away your right to keep your home on the site if you do not comply with the agreement.

To live in the home as your main residence.

A court can take away your right to keep your home on the site if you do not live in your home.

To pay the site owner for services they provide, such as gas or electricity.

To pay the agreed pitch fee to the site owner.

To keep your mobile home in a good state of repair and to keep the outside of your home and the pitch clean and tidy.

A court can say you must carry out repairs, or may take away your right to keep your home on the site, if your home is in such bad condition that it has a negative effect on the standard of the site.

If you sell your home:

• To ensure that the required commission (up to 10% of the sale price) is paid to the site owner and
• 28 days in advance, to provide the buyer with:
  • a copy of the agreement with the site owner
  • a copy of the site rules
  • your forwarding address

The sale will not take effect until these things have been done.

If you give your home to a family member, to provide evidence that the person is a member of your family if requested by the site owner.

More Information

This leaflet outlines the law on mobile homes that will apply from 1 September 2013. It does not cover all the details of the law, and you should contact your local Citizens' Advice Bureau, or a solicitor, before making any decisions based on the information in this leaflet.

The changes are being made under the Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219). You can find a copy of this Order at www.legislation.gov.uk.

Information on the Scottish Government's work on mobile homes is available on our website at: http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privateowners/Residentialmobilehomes.

Further copies of this document are available, on request, in audio and large print formats, and in community languages. Please contact 0131 244 5566.