Tweet
Hello,
My wife’s elderly parents recently decided to sell their home and move to a residential park. Following a meeting with the site manager and a tour of the park, a £4000 despot was provided to the site manager. My understanding is that this was to secure the plot with down payment (£4000) on the house to be supplied through the site manager. A receipt was provided (no written contract) for the £4000, on which it states (handwritten) that 50% is non-refundable.
The issue is that certain information has now come to light which has persuaded them, they no longer wish to proceed with the move.
Background:
The site manager informed them that this was a site for permanent residency, with the caveat that residents must vacate the site for three continuous weeks per year. He went on to inform them that because of this Council Tax would not be payable, thereby saving them considerable expense each month.
Firstly, I don't believe that to be the case. It appears to me that the park home would be classed as a permanent residence, and as such be subject to Council Tax. They would not own another property and the park home would have been their primary residence.
Secondly, the website for the park calls itself a "holiday park" and following a conversation with the site manager (by telephone), confirmed that it does NOT hold a residential park license issued by the local authority.
It appears to me that the park owner has deceived the elderly couple, by baiting them with a promise of zero council tax and leading them to believe that the site allows for permanent residence. Additionally, as far as I can tell, this arrangement would also preclude them from the legal protections offered by the 'Mobile Homes Act".
Now that we've discovered these issues, we feel it only fair that the deposit be returned in full. He has already agreed to return half but insists he cannot return the rest. He did offer to take into consideration the £2000 he withheld if they were to reconsider and go ahead with the planned move.
Any advice is much appreciated.
My wife’s elderly parents recently decided to sell their home and move to a residential park. Following a meeting with the site manager and a tour of the park, a £4000 despot was provided to the site manager. My understanding is that this was to secure the plot with down payment (£4000) on the house to be supplied through the site manager. A receipt was provided (no written contract) for the £4000, on which it states (handwritten) that 50% is non-refundable.
The issue is that certain information has now come to light which has persuaded them, they no longer wish to proceed with the move.
Background:
The site manager informed them that this was a site for permanent residency, with the caveat that residents must vacate the site for three continuous weeks per year. He went on to inform them that because of this Council Tax would not be payable, thereby saving them considerable expense each month.
Firstly, I don't believe that to be the case. It appears to me that the park home would be classed as a permanent residence, and as such be subject to Council Tax. They would not own another property and the park home would have been their primary residence.
Secondly, the website for the park calls itself a "holiday park" and following a conversation with the site manager (by telephone), confirmed that it does NOT hold a residential park license issued by the local authority.
It appears to me that the park owner has deceived the elderly couple, by baiting them with a promise of zero council tax and leading them to believe that the site allows for permanent residence. Additionally, as far as I can tell, this arrangement would also preclude them from the legal protections offered by the 'Mobile Homes Act".
Now that we've discovered these issues, we feel it only fair that the deposit be returned in full. He has already agreed to return half but insists he cannot return the rest. He did offer to take into consideration the £2000 he withheld if they were to reconsider and go ahead with the planned move.
Any advice is much appreciated.
