Park homes and mobile homes: disrepair and your rights

If you live in a park home or mobile home on a residential site, your legal position is different from that of a standard tenant. The law that protects you, mainly the Mobile Homes Act 1983 and the Caravan Sites Act 1968, gives you significant rights, but the framework is distinct from the Housing Acts that cover most tenants. Here we set out your rights if your home or site has fallen into disrepair.

What is a park home or mobile home?

A park home (sometimes called a mobile home or residential caravan) is a prefabricated structure that is permanently sited on a residential caravan site. Despite the word "mobile," most park homes never move once they are placed on a pitch. They have full mains connections and are permanent homes.

The resident typically owns their home outright (or finances it) but pays a pitch fee to the site owner (the park operator) in exchange for the right to station their home on the pitch.

Who is responsible for what?

The split of responsibility in park home living is important:

You are responsible for:

• The structure of your home itself, the fabric of the unit, its roof, walls, internal fittings
• Maintenance and repair of your home (unless it was supplied faulty, in which case see below)
• Contents and appliances within the home

The site owner is responsible for:

• The pitch, the land on which your home stands, its drainage, hardstanding, and access
• The site's communal areas and facilities
• Connection points for utilities (water, electricity, gas) up to the point of connection to your home
• The wider site infrastructure, roads, paths, drainage, lighting
• Complying with the site licence conditions set by the council

The Mobile Homes Act 1983

The Mobile Homes Act 1983 governs the relationship between park home residents and site owners. Under the Act:

• The agreement between you and the site owner (the "written statement") must set out the terms of your occupation
• Your right to occupy the pitch is protected, a site owner cannot evict you without a court order
• The site owner must maintain the site and comply with their obligations under the written statement
• Any change to the terms of the agreement requires your agreement or an order from the First-tier Tribunal

If the site owner has failed to maintain the site's roads, drainage, utilities infrastructure, or communal areas, this is a breach of the Act and of the written statement.

Site licence conditions

Residential caravan sites must hold a site licence granted by the local authority. The licence sets conditions that the site owner must comply with, including standards for drainage, roads, emergency access, communal facilities, and often fire safety requirements.

If the site owner is breaching licence conditions, you can report this to the council's licensing team. The council has enforcement powers to require compliance or, in serious cases, to revoke the licence.

Resolving disputes under the Mobile Homes Act

Disputes between park home residents and site owners are typically resolved through the First-tier Tribunal (Property Chamber). The Tribunal can:

• Make orders requiring the site owner to carry out specific work or maintenance
• Determine disputes about pitch fees and terms of agreements
• Award compensation in some circumstances

Residents can apply to the Tribunal without needing a solicitor. Park homes charities and advice organisations (including the National Association of Park Home Residents, NAPHR) can provide guidance on using the Tribunal.

What if your home itself has defects?

If your home was purchased from a dealer or manufacturer and has defects arising from its construction, your remedy is against the dealer or manufacturer, not the site owner. Consumer rights apply to the sale of the home, and you may have a claim under the Consumer Rights Act 2015 for defects present at the point of sale.

If your home has deteriorated over time through fair wear and tear, maintenance is your responsibility as the owner.

Fire safety in park homes

Park homes are at specific fire risk because they are often constructed from materials with a lower fire rating than brick-built properties. Smoke alarms and carbon monoxide alarms are essential. Site licence conditions typically require fire safety provisions on the site, and the site owner must maintain these.

Utility supply problems

If the site owner supplies utilities to your home (some sites do, some connect residents directly to the grid), they may be an "embedded network" operator and may be subject to Ofgem rules. If you are paying for utilities through the site operator and there are supply problems or unreasonable charges, Ofgem's Citizens Advice Extra Help Unit can advise.

When should I contact Support for Tenants?

We primarily support tenants in standard rented accommodation (social housing and private AST tenancies). If you are a park home resident with complex disrepair issues, you may be better served by a specialist park homes adviser or solicitor.

However, if you are unsure what applies to your situation, call us on 0800 030 4669 and we will tell you honestly whether we can help or whether a specialist is more appropriate.

Sources

• Mobile Homes Act 1983 (legislation.gov.uk)
• Housing Health and Safety Rating System (HHSRS) guidance (GOV.UK)

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