Findhorn Bay Holiday Park’s Private Site Agreement
PRIVATE SITE AGREEMENT (PSA)
New Findhorn Directions Ltd (NFD Ltd) trading as
Findhorn Bay Holiday Park (FBHP)
Purpose of the PSA:
Under the Mobile Homes act 1983 Residential Park Home Owners have the right to a Written Agreement with the Site Operator.
Glossary of Terms
Part 1: Form of Agreement
Part 2: Overview of Agreement
Part 3: Implied Terms
Part 4: Express Terms
Part 5: Site Rules
Glossary of Terms
The Mobile Homes Act 1983 An Act to make new provisions in place of sections 1 to 6 of the Mobile Homes Act 1975
The Mobile Homes Act 1983
(Amendment of Schedule 1) (Scotland)
Order 2013 Approved by the Scottish Parliament coming into force 1st September 2013
Private Site Agreement (PSA) Written Agreement between Site Operator and Occupier. Interchangeable term – throughout this document the term “Agreement” refers to the current PSA unless stated otherwise.
Site Operator Findhorn Bay Holiday Park (FBHP)
Occupier Mobile/ Park Home owner
Landowner Findhorn Foundation
Security of Tenure The right to station a mobile/park home on land forming part of a protected site subsists for as long as the landowner’s interest in the land continues. This statutory right of tenure is not linked to the PSA, security of tenure is an on going right legally maintained with the landowner (Findhorn Foundation). The landowner’s interest in the land will only change under a change of land ownership as a freehold interest maintains security of tenure for an indefinite period.
Protected Site Defined by the Mobile Homes Act 2013 in section 5A (5) and (6), ‘land in respect of which the relevant planning permission under Part 3 of the Town and Country Planning Act 1990 or the site license, subject to subsection (6) other than land granted for holiday use only or governed by restrictions that would not allow all year-round human habitation or occupation by the Site Operator.’ Any licensable caravan site will be a “relevant protected site” unless it is exempted from being so.
New Findhorn Directions Ltd (NFD) The trading arm of the Findhorn Foundation, operator of FBHP (and therefore holds legal responsibility for the site licence/pitches) and infrastructure provider for The Park.
Titleholder’s Association (THA) https://www.newfindhorndirections.co.uk/tha/
Members are a titleholder (individual/s or organisation) that own and has built on land within in the Park.
The Findhorn Foundation as landowner is a member of the THA.
Mobile Home Owners Group Residents’ association, qualifying if adhering to section 31, clause (1) and (2) of The Mobile Homes act 1983 (Amendment of Schedule 1) (Scotland) Order 2013
Implied Terms Contractual specifics implied by the relevant legislation
Express Terms ‘Local’ Terms negotiated between FBHP as Site Operator and Occupiers via the Mobile Home Owners Group
Park Planning Group (PPG) https://www.newfindhorndirections.co.uk/tha/park-planning-group/
“Park Planning Group (PPG) is a THA body that acts on their behalf, ensuring new developments are in keeping with the overall Park ethos and desired development”
The Findhorn Foundation as landowner is a member of the THA and is one of the 5 organisations that sit on PPG.
Mobile/Park Home (Caravan) In section 29 (1) of the Caravan Sites and Control of Development Act 1960 (“The 1960 Act”) a caravan was defined and then modified by Section 13 (1) of the Caravan Sites Act 1968 (“The 1968 Act”), which deals with twin-unit caravans. Section 13 (1) provides that:
“A structure designed or adapted for human habitation which:
a) Is composed of not more than two sections separately constructed and designed to be assembled on a site by means of bolts, clamps or other devices;
Mobile/Park Home (Caravan) Cont’d
b) Is, when assembled, physically capable of being moved by road from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer), shall not be treated as not being (or not having been) a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 by reason only that it cannot lawfully be moved on a highway when assembled.”
PART 1: Form of Agreement
Overview of legislation covering the contract, the parties involved and timescale of the PSA.
This is an agreement to which the Mobile Homes Act 1983, the Caravan Sites and Control of Development Act 1960 and Housing (Scotland) Act 2014 apply.
The parties to this agreement are:
The Site Operator (via Land Leased from Findhorn Foundation (Landowner))
New Findhorn Directions Ltd trading as:
FINDHORN BAY HOLIDAY PARK (FBHP)
The Occupier Name:
The agreement commenced on 3rd August 2020 and runs until 2nd July 2025.
The land on which you are entitled to station your mobile home is commonly known as pitch number
FBHP working with the MHOG reviews and re-issues Private Site Agreements (PSA) every 5 years. The reasons for this are twofold, firstly, it is a reminder for the Occupier of the terms and conditions of the PSA, the ‘Implied Terms’ under legislation and the opportunity for re-negotiation of any parts of the document (except the Implied Terms, set by legislation) and secondly, the ability to reissue an updated agreement to all parties including any new Occupiers.
Your right to stay on the site (security of tenure) depends on the Landowner’s interest in the land and/or planning permission for the Site being continued.
In addition, Part 5 of the Housing (Scotland) Act 2014 indicated that from 1st May 2017 Site Licences from Councils must be of a renewable form and renewed every 5 years. After not adhering to this across Moray (as advised in August 2018), Moray Council have now advised (March 2019) this is now required. Furthermore Moray Council advise NFD need to now apply for the granting of 1 licence covering both Pineridge and Holiday Park (historically covered by 2 site licences, one in the name of the Findhorn Foundation dated 30th March 1984, operated by arrangement by FBHP, and one in the name of FBHP dated 21ST July 2012) sites. If for whatever reason, the new Site Licence is not granted or the PSA expires FBHP will cease to be your Site Operator and such status will revert to the Findhorn Foundation as Landowner. Your security of tenure is not linked to this PSA existing or with FBHP but the landowner, Findhorn Foundation.
PART 2: Overview of Agreement
This agreement with a Site Operator entitles you to keep your Mobile Home on the Site (the Landowner for which is the Findhorn Foundation) owned by you and live in as your main residence, the Mobile Homes Act 1983 and Housing (Scotland) Act 2014 sets out your rights, affecting in particular your security of tenure (provided by the Protected Site status ultimately granted by the Landowner) and the sale of your Mobile Home.
These rights, which are contained in the IMPLIED TERMS set out in PART 3 of this statement, are fixed by law and state the occupier’s statutory rights and cannot be overridden. They describe the legal relationship between and the obligations of the occupier and the site operator.
A full explanation of occupier rights can be found in the booklet “Mobile Homes” produced jointly by the Department of the Environment, the Welsh Office and the Scottish Development Department. This booklet is available free from Council Offices and Housing Aid centres.
If you are not sure what any of the terms of your agreement mean or how they will work in the future then you may wish to seek advice from a Solicitor or Citizens Advice Bureau.
If you are not happy with any part of the EXPRESS TERMS of your agreement (as set out in PART 4 of this statement) then this should be discussed with your MHOG and then raised with the Site Operator, who may agree to change them. If you or the Site Operator are still not satisfied then either party can challenge the agreement within 6 months of PSA being issued via a challenge made either in the Sheriff Court or before an Arbiter.
If after appropriate dialogue with the site operator via the MHOG you still wish to challenge your PSA then you may wish to seek advice from a Solicitor or Citizens Advice Bureau.
Either you or the site operator can –
Ask for any of the EXPRESS TERMS of the PSA (those set out in PART 4 of this statement) to be changed or deleted.
Ask for further terms to be included in the PSA concerning the matters set out in PART 2 of Schedule 1 to the 1983 Act as follows –
- the right of the occupier to undisturbed possession of the Mobile Home,
- the sums payable by the occupier in pursuance of this agreement and the time they are to be paid
- the review at yearly intervals of the sums so payable,
- the provision or improvement of the services available on the protected site, and the use by the occupier of such services,
- the preservation of the amenity of the protected site,
- the maintenance and repair of the protected site by the site operator, and the maintenance and repair of the Mobile Home by the occupier
- access by the site operator to the land on which the occupier is entitled to station the Mobile Home.
If no application to Sheriff Court or an Arbiter is made within the six months’ time limit, both you and the Site Owner will be bound by the terms of the PSA and will not be able to change them during the term of the PSA unless both parties agree.
PART 3: Implied Terms
The Mobile Homes Act 1983 Schedule 1 sets out Terms Implied by the Act with subsequent amendments via The Mobile Homes Act 1983 (amendment of Schedule 1) (Scotland) Order 2013 that came into force on 1st September 2013.
For the full wording of these terms please refer to the following –
Mobile Homes Act 1983
The Mobile Homes Act 1983 (amendment of Schedule 1) (Scotland) Order 2013
Paper copies of these documents are available from the site operator.
The revised ‘1983 Act’ covers areas such as, not extensive –
3.1 Duration of Agreement, protected site subsistence, landowner’s interest providing security of tenure
3.2 Termination of the contract by either the occupier or site operator. Occupier can bring the agreement to an end and remove their mobile home by giving 28 days written notice to the site operator. The site operator shall be entitled to terminate this PSA if:
- they can satisfy the Sheriff Court that the occupier is not occupying the mobile home as his/her/their only or main residence
- the occupier has broken a term of the agreement and has not put this right when asked to do so (i.e. non-payment of rent, or payment for services e.g. gas/electricity)
- the occupier has not maintained their mobile home in a good state of repair, kept the outside of the home/pitch clean and tidy to the extent that their home becomes detrimental to the amenity of the site.
3.3 Recovery of Overpayments by Occupier, upon the agreement between the occupier and site operator coming to an end the site operator must repay within 2 months any payment attributable to a period beginning after the date of cessation.
3.4 Sale of Mobile Home, Where the occupier sells the Mobile Home and assigns the agreement the site operator is not required to approve the buyer and shall be entitled to receive a commission (transfer fee) from the vendor not the purchaser on the total sale price at a rate as may be specified by an order of the Secretary of State, at present not exceeding 10%.
The occupier has the right to market their home for sale through an estate agent or solicitor, or through independent means.
You are also required to give 28 days in advance (or an agreed shorter date), to provide the buyer with:
- a copy of the agreement with the site operator
- a copy of the site rules
- your forwarding address.
3.5 Gift of Mobile Home, the occupier can pass on ownership of their mobile home and assign this PSA to a member of their family without needing a transfer fee or the approval of the site operator but they will need to provide evidence that the person is a member of your family to the site operator.
3.6 Re-siting of Mobile Home, at the site operator’s cost (including structural damage) if a court decides the occupier can be asked to permanently relocate their mobile home to a broadly comparable pitch on the protected site. This is only allowable when the original pitch can no longer be used as a pitch. On a temporary basis the site operator may move your mobile home (again at the site operator’s cost, including structural damage) to another comparable pitch to carry out essential repair or emergency works (for example you have the right to have the base your home sits on repaired or (if necessary) renewed by the site operator). If this happens then the site owner must return your mobile home to your original pitch if that pitch can still be used.
3.7 Pitch fees, reviewed annually between the site operator and occupier (via the MHOG) taking into consideration improvements that benefit the site environment/increases/decreases in site facilities/services provided, changes in legislation and changes in the consumer price index. Should both parties not reach an agreement an application to the Sheriff Court can be made by either party. The occupier can ask for and receive free of charge details of any utilities, pitch fees or other charges, costs or expenses payable by the occupier to the site operator under this PSA along with a copy of the current public liability insurance certificate in respect for the protected site.
3.8 Environment, you have the right to enjoy your mobile home without being disturbed unnecessarily. The site owner may enter your pitch (but not your home) to read meters between 9am and 6pm, deliver communications, carry out essential and emergency works and 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 occupier also has the right to have other parts of the site covered by the site owners land leased from the Findhorn Foundation (protected site) maintained in a clean, tidy and safe condition by the site operator (provided they are not parts for which you or another resident, are responsible). You also have the right to be consulted by the site operator about significant improvements to the site covered by the site operators land leased from the Findhorn Foundation (provided they are not parts for which you or another resident are responsible).
PART 4: Express Terms
These are negotiated terms of the PSA elaborating on the Implied Terms and agreed upon by the site operator and occupier (via the MHOG).
1. Pitch fee
The pitch fee or ground rent is at present (August 2020) £1,270 per year for caravans and £1,400 for bungalows. This amount is reviewed annually and may be increased in line with the rise in the consumer price index and possibly other infrastructure costs details of which will be provided to the MHOG at the appropriate time to aid a consultative process between the site owners and the occupiers to agree the annual increase. NFD as site operator’s agent collect this ground rent.
2. The only services for which payment may be asked for from the occupier are:
Electrical Supply (provided on the Park by NFD under contract from FWP): a monthly bill is issued detailing the applicable costs.
Sewerage (Provided on the Park by NFD): For those mobile homes whose sewerage is treated in the Living Machine (run by Biomatrix) NFD make an annual charge which replaces and is the same as Moray Council’s sewerage charge (mobile homes are all classified as Band A) which is collected by NFD and passed onto Biomatrix. This will be adjusted each year in line with the Scottish Water Authority sewerage charges. For those Mobile Homes not feeding into the Living Machine charges are taken via Moray Council Tax (although NFD are responsible for transporting the waste flow along the park infrastructure to the Scottish Water mains at the entrance to the Park).
Water (Provided on the Park by NFD): charges are paid to NFD and are as set by Scottish Water and adjusted annually in line with Scottish Water charges.
N.B. All charges referred to above will be itemised on the monthly bill issued to the occupier by NFD
3. Gas Safety Certificate (CP12).
All Mobile Homes owners/occupiers “are strongly advised that all gas appliances, flues and pipework should be installed, regularly maintained and serviced at least annually by a Gas Safe registered engineer.”
In addition, occupiers are advised to also consider having the following safety checks:
- 5 yearly NICEIC Electricity inspection by a qualified electrician
2) Annual Oil boilers service/inspection by a registered technician.
4. Subletting of a mobile home.
Both the site operator and owner wish to support ‘home’ principles and values. Occupiers commit to the best of their ability to their mobile homes being their residence and continually occupied as such allowing continuous contribution to the community.
a) Anyone intending to sublet his or her Mobile Home needs to inform the site operator, in writing. Consent will be granted only on the provision that all clauses (listed below) are met.
b) The occupier is required to provide the following information:
i) the name/s of the subletting tenant,
ii) the time period of the intended sublet,
iii) current copies of relevant safety certificates.
It is illegal to sublet a Mobile Home without annual GAS SAFE Safety and annual PAT testing certificates, source – https://www.nacoservices.com/static-caravan-advice/gas-and-electricity-safety-in-static-caravans
c) Subletting is expected to be for a period of up to 3 months only, exceptionally and usually only on an infrequent basis up to 6 months. Any longer period of subletting will only be on a case-by-case basis and requires the occupier to submit a written request to the site operator for special dispensation from the NFD Board. Any such dispensation will usually only be considered once in any given 3-year period.
d) If an occupier is in breach of the subletting rules and regulations the site operator reserves the right to stop any subletting immediately.
e) Should a breach of the subletting rules and regulations occur the site operator reserves the right to charge the occupier an additional charge in respect of the extra management time and administration directly attributable for this additional work. If such an instance occurred then the site operator will not charge for the first 2 hours of any such attributable time but thereafter will charge at £20 per hour plus VAT up to a maximum of £250 plus VAT.
f) At the end of any agreed subletting period the occupier must either re-occupy or sell their Mobile Home. Occupiers are not permitted to sublet on a permanent basis as this is in contravention of this PSA (Part 3: Implied Terms, ‘Termination of the contract by either the occupier or landowner’).
g) During the period of subletting, the occupier is responsible for all payments due to the site operator (with Direct Debit being the preferred payment method) in respect of ‘business as usual’ activities e.g. ground rent and utilities. The occupier is required to make appropriate arrangements for on going payments with the site operator before any sublet commences.
5. Commission on sale of mobile home.
Under Part 3 Implied Terms of this agreement the site operator is entitled to receive a commission on sale from the vendor (selling occupier) not the purchaser at a rate specified by an order of the Secretary of State, at present not exceeding 5%.
Occupiers are strongly advised to take responsibility for the insurance of their own homes and effects and will not prejudice any insurance policies affected by the site operator in respect of the site, third party or other insurances.
PART 5: Site Rules –
1. As site operator we respectfully encourage you to aspire to live up to the aspirations of the Findhorn Foundation Community Common Ground.
2. Occupiers are encouraged to help visitors staying with them to be aware of the Common Ground here at The Park and anything else they feel relevant from these site rules.
3. Occupiers are encouraged to make use of the comprehensive recycling facilities available in the Park. Materials not normally collected by the Council but which can be deposited include: cardboard, ferrous & non- ferrous metals, batteries, used clothing and food waste.
4. Most wastewater generated in the Park (apart from the Whins) is treated in the Living Machine ecological sewage treatment plant. In order to ensure efficient functioning, Occupiers should refrain from flushing items such as wet-wipes, condoms, tampons or disposable nappies down toilets as these damage the sewer pumps. In addition, fatty or oily food waste rinsed down kitchen sinks feeds fat-bergs that are labour-intensive (and extremely messy) to extract. Maintenance of sewers and pumps is one of the costliest expenses in the annual THA budget, and directly impacts the HoCo charge to the FF as the underlying titleholder.
5. Occupiers are asked to keep dogs on a lead, and to bag (and take home) dog-waste whether in the main Park area, the surrounding woodland, or the dunes.
6. Pedestrians have right of way at all times, and vehicles (including bicycles) should give way. All vehicles (including bicycles) should be driven (a) with consideration of the law of the land, (b) for others and (c) within the speed limit of 10 mph.
7. Motor vehicles should be parked in designated parking spaces only, and not on turning circles, grass or service strips. There is no additional parking for overnight guests, and visitors are requested to use the parking spaces on the main runway. Motor vehicles should be fully taxed and insured, and (where required) have a valid MoT certificate. Drivers should hold a valid driving licence. Disused vehicles must be removed from the Park by the owner of the vehicle.
8. There is a community- wide curfew on noise between the hours of 10.30pm. and 8am (Sunday 11am).
9. Consumption or trading of illegal substances is a violation of Park Ecovillage principles, and any incidence that comes to the attention of the Site Operator will be reported to the police.
10. No changes or additions to the wall or roofline or footprint (sheds, garages, extensions etc) are to be made without prior approval of PPG via the site operator.
11.If you are running/plan to run a business from your mobile home then please do respect
your neighbours and bear in mind potential increased traffic flow/parking implications here
at The Park.
Where occupiers seek to replace their industry standard caravan or bungalow with a
bespoke eco-mobile residential home the site operator can provide a summary of Mobile Home Legislation to aid your research and PPG application.
End of PSA 3rd August 2020