inheritance

I have recently inherited a park home following the death of my father.  My mother is still living there. The park owner says that I cannot retain ownership and have my mother still living there as that is sub-letting which is against the park rules.

The owners say I must therfore evict my mother or sell the home to the owners & they will allow her to stay there until she passes on.

I wanted to leave Mum there until she passes on & then sell on the open market.

Where do I stand on this?

i wont make a guess as im not sure,but you`ll get an answer soon
im just wondering why he didnt leave the home to your mum,would have avoided alot of problems for her

I think the issue is that parks do not allow sub-letting of park homes, and the Park Agreement has to be in the name of the person who actually "owns it".   You could, if you wanted to allow your mother to remain there, sell it to her for a nominal sum (say £100.00), and then get her to leave it to you in her Will.   Please bear in mind any "sale" would incur a commission to the Park Owner, and they also have the right to refuse the sale if they considered the prospective purchaser was not suitable for the Park.   In your mother's case they would not really have grounds for refusal as she has lived there for some time.    It is something to consider.   Hope this

Hi Spatacus and welcome to the forum,

My apologies for taking so long to reply, but we have been one short in the office this week!

For whatever reason your father left you the park home, it is a shame that you advised the park owner that you are now the owner. If nothing had been said he would have assumed that your mother would still own it. Being pedantic, I wonder if on the original invoice of sale, it was made out to both your parents. Your mother would still then have a fifty per cent interest in the home and you could only have inherited half and she would have every right to stay there.

However, that is by the by. The site owner cannot ask you to evict your mother. Only the site owner can evict a resident and he/she has to go to court for an eviction order, which costs time and money. It is a criminal offence for anyone to make a resident leave a park home estate without a court order, or to try to make them leave by threats, violence, withholding services such as water, electricity, or any other sort of harrassment. (Please go to our Download page and download the Government Park Home Fact sheet 'Residents Rights and Obligations and see Page 5 and 6 for confirmation)

A resident can gift their park home, without payment to the Park Owner, to a member of the family (see Page 7 of the same fact sheet) but as you aren't a resident and in all probability the park owner knows the rules, he/she is just hoping that you don't! This may not be the route to go.

I would suggest that there are two routes. If your situation where to allow you to move in with your mother (temporarily!) providing you meet the age rules of the park, your mother can insist that your name is placed on the Written Agreement under the Mobile Home Act 1983. You would then become a resident and be able to gift the home to your mother, having made a private written understanding with her that she wills the home to you on her demise.

Secondly, it means a trip to the solicitor to ask if it would be possible for you to refuse your inheritance and let it pass to your mother, having again made a private written agreement with your mother that the home would pass to you on her demise.

Thirdly, do check out the invoice if you have it and also the Agreement under the Mobile Home Act to make sure that your mother's name is on it.

Unbelieveable that you have to go to such lengths. As an ex park owner, we had many like this on our parks I am sure. It hurts no one to let her live out the rest of her life in the home she had with your father. The park owner will get the sale at some time in the future. It isn't as though he/she has lost a sale.

If you don't have any success, I can give you the contact details of a solicitor who specialises in Park Home Law.

Good luck.

Ed.

Ed.  Thanks for the information.  As you say, the lengths that I am having to go to do seem to be unbelieveable.  Would be very interested in talking to the solicitor that you mention of even yourself.  Is that possible?

Regards

Hi Spartacus

This is the link for the solicitor

Regards

Ed

Thanks for the link to the solicitor.  He was most helpful. Having spoken to him & all things considered I have decided to sell to the site owner.

Many thanks for your help.

Regards

Spartacus.

Just be sure the site owner does not rip you off, its common practice for them to buy them at less than half their value

Thanks for the advice.  Compared to the current 'market value' i.e. advertised prices for similar units on the same site I have decided to accept what I regard as a paltry sum.  However, all round, the situation is rather complicated & I am going in with my eyes open with regard to what is being offered.

Thanks to all for your comments & help. 

Sad you have had to sell to the park owner for a "paltry sum".

I hope the agreement that you can stay there until she passes away is in a legal contract.