Findhorn Bay Caravan Park’s Private Site Agreement
Part 1: Form of Agreement
- You have an agreement to which the Mobile Homes Act 1983 applies
- The parties to the agreement are:
The Site Owner: New Findhorn Directions Ltd trading as FINDHORN BAY HOLIDAY PARK
The OCCUPIER (Name) _____________________________________
- The agreement commenced on _________________________ (date)
- The particulars of the land on which you are entitled to station your mobile home are:______________________________
- The FBHP reviews and re-issues Private Site Agreements (PSA) every 5 years. The reasons for this are twofold. Firstly, it is a reminder for private owners of the terms and conditions of the PSA and the ‘Express Terms’ under the Mobile Homes Act. It is also affords the opportunity for both parties to review and recommend any changes to the ‘Express terms’ of the contract. The specified time frame of the PSA gives the FBHP the opportunity to consider it’s long term options on the land. In the event that the FBHP might wish to either develop or sell the site after the expiry date noted below there would be a full consultative process with Private owners with a one year period of notice given to mobile home owners of any agreed changes.Please note that the site current PSA and Site Owner’s interest are due to expire on the 1st August 2018. Your right to stay on the site does depend on the Site Owner’s interest in the land or planning permission for the Site being continued.Thus when this expiry comes into effect your Mobile Home will be required to be removed from the site, at your cost, which will mean a dramatic reduction in its market value. The Site operators are under no obligation to purchase the Mobile Home when this occurs.The Site Operators reserve the right to charge a commission of 10% (transfer fee) should you wish to sell your Mobile Home to a third party. This fee is payable by the vendor not the purchaser.
Part 2: Information
- Because you have an agreement with a Site Owners which entitles you to keep your Mobile Home on Their Site and live in it as your Home, the Mobile Homes Act 1983 gives you certain rights, affecting in particular your security of tenure and the sale of your Mobile Home.
- These rights, which are contained in the IMPLIED TERMS set out in PART 3 of this statement , apply automatically and cannot be overridden, so long as your agreement continues to be one to which this Act applies.
- A full explanation of your 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 and you are advised to read it.
- If you are not sure what any of the terms of your agreement mean or how they will work in the future, you should get advice at once 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) you should discuss them with the Site Owner, who may agree to change them. But if you are still not satisfied you can challenge the agreement in two ways, as explained in paragraphs 6 to 8 below, provided you do so within six months of the time you are given this statement.
- A challenge can be made either in the Sheriff Court or before an Arbiter. You can:
- Ask for any of the EXPRESS TERMS of the agreement ( those set out in PART 4 of this statement ) to be changed or deleted.
- Ask for further terms to be included in the agreement concerning the matters set out in PART 2 of Schedule 1 to the Act (see paragraph 9 below)
If you wish to challenge your agreement you should get advice from a Solicitor or Citizens Advice Bureau. The Site Owner can also go to Court or Arbiter to ask for the agreement to be changed in these two ways.
- The matters set out in Part 2 of Schedule 1 of the Mobile Homes Act 1983, are 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 which 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 owner, and the maintenance and repair of the Mobile Home by the occupier,
- access by the owner to the land on which the occupier is entitled to station the Mobile Home.
- If no application to 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 Agreement and will not be able to change them unless both parties agree.
Part 3: Implied Terms
- Duration of agreement
- The Owner’s interest is sufficient to enable him to grant the right to station the Mobile Home for an indefinite period. The period for which the right subsists shall not extend beyond the date when the Owner’s interest determines – (See PART 1 paragraph 5)
- If before the end of the period determined in PART 1 paragraph 5 there is a change of circumstances which allows a longer period, account shall be taken of that change.
- Termination by occupier.
The occupier shall be entitled to terminate the agreement by notice in writing given to the owner no less than four weeks before the date on which it is to take effect.
- Termination by owner.
- The owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the Court:
- is satisfied that the occupier has breached a term of the agreement and, after service of notice to remedy the breach, has not complied with the notice within a reasonable time: and
- Considers it reasonable for the agreement to be terminated.
- The owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the Court is satisfied that the occupier is not occupying the Mobile Home as his or her only or main (primary) residence.
- The owner shall be entitled to terminate the agreement at the end of the relevant period (which shall be a period of five years, beginning with the commencement of the agreement, and each succeeding five years), if on application of the owner, the Court is satisfied that, having regard to its age and condition, the Mobile Home
- Is likely to have a detrimental effect on the amenity of the site, or
- Is likely to have such an effect before the end of the next relevant period.
- The owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the Court:
- Recovery of Overpayments by Occupier.
Where the agreement is terminated as mentioned in paragraphs 2 and 3 above, the Occupier shall be entitled to recover from the Owner so much of any payment made by him in pursuance of the agreement as is attributable to a period beginning after the termination.
- Sale of Mobile Home
- The Occupier shall be entitled to sell the Mobile Home. The Findhorn Bay Holiday Park has the right of first refusal. Should the Findhorn Bay Holiday Park decline to purchase, then the Occupier will be entitled to assign the agreement to a person approved by the Owner, whose approval shall not unreasonably be withheld.
- Where the Occupier sells the Mobile Home and assigns the agreement, as mentioned in sub – paragraph (a) above, the Owner shall be entitled to receive a commission(transfer fee) on the total sale price at a rate as may be specified by an order of the Secretary of State, at present 10%.
- Gift of Mobile Home.
The Occupier shall be entitled to give the Mobile Home, and to assign the agreement to a member of his family approved by the Owner whose approval shall not be unreasonably withheld.
- Re-siting of Mobile Home.
If the Owner is entitled to require that the Occupier’s right to station the Mobile Home shall be exercisable for period in relation to other land forming part of the protected site (see PART 4 paragraph 6)
- That other land shall be broadly comparable to the land on which the Occupier was originally entitled to station the Mobile Home.
- All costs and expenses incurred in consequence of the requirement shall be paid by the Owner.
Part 4: Express Terms
These are details not covered by “rights’, which can be changed by agreement between owner and occupier.)
- The pitch fee or ground rent for caravans and bungalows is fixed annually and applies from February of each year for 12 months. For up to date prices please visit the NFD website. Annual increases are calculated in line with inflation and other overhead expenses.
A consultative process will be held between the owners and the private residents to agree the annual increase.
- The only services for which payment may be asked by the owner are:
- Electrical Services – a monthly availability charge is made to cover the cost of meter reading, billing and administration. Electricity is charged at a unit price, based on the cost of supply charged to NFD by the Findhorn Wind Park Ltd. (This is in turn related to the cost to a typical domestic customer supplied by Scottish Hydro Electric.) A service charge (called the ‘distribution charge’ on the bill) based on the units consumed is also made. NFD uses this to cover the costs of running the Park’s private supply network.
- Sewerage: where applicable. For those Mobile Homes, whose sewerage is treated in the Living Machine, there is an annual charge, which replaces and is the same as the Councils sewage charge (which are all classified as Band A). This will be adjusted each year in line with the Northern Scottish Water Authority sewerage charges.
- Water charges are paid to the FBHP, 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 your monthly bill.
- The obligations, which are requirements of the occupiers, are contained in the site rules. A copy of the site rules is attached to this agreement, so it is agreed that they are accepted, along with amendments published from time to time, and will be complied with.
- The Findhorn Bay Holiday Park operates the site on behalf of the owners of the land, the Findhorn Foundation. The Foundation has made it clear that it is their intention to upgrade the quality of the site over a period of time. This will involve the gradual replacement of caravans with permanent accommodation units and other buildings. There is therefore a limit to the amount of time you may be allowed to occupy your site. Should the Foundation extend the time limits specified in the “Form of Agreement (PART 1, paragraph 5 ), your permitted length of stay will also be extended. You should however assume that these time limits will be adhered to, and plan accordingly.
- Commission or Transfer Fee. This will be charged in line with the Mobile Homes Act 1983 (see Implied Terms PART 4 , Paragraph 5b). Please note that this fee is payable by the vendor of the mobile home, not the purchaser.
- It is a term of this agreement that the site owner has the right to re – station the mobile home at any time subject to the provisions contained in the Implied Terms in PART 3, paragraph 7.
- When selling your Mobile Home you must notify the Holiday Park Office of your intention to sell. The Findhorn Bay Holiday Park has the right of first refusal. If the Holiday Park decides not to purchase, the Mobile Home can be offered for sale on the open market. At the time of sale all Mobile Homes must have current safety inspection certificates, (see item 8). A sale is not concluded, nor will a new site agreement be issued, until all outstanding bills, and Transfer Fee, are paid.
- All privately owned Mobile Homes must have the following safety checks every 2 years and ANNUALLY if subletting takes place:
- Gas inspection by a GAS SAFE registered technician,
- Electricity inspection by a qualified electrician,
- Oil boilers inspected by a GAS SAFE registered technician,
- All Mobile Homes with wood fires need to be inspected by an appropriate safety person,
- At the time of sale, the Mobile Home must have current inspection certificates,
- It is illegal to rent your mobile home without the above certificates. Copies of all inspection certificates must be lodged with the Holiday Park Office.
- Anyone intending to sublet their Mobile Home needs to inform the Findhorn Bay Holiday Park, in writing. Consent is granted on the provision that all clauses (listed below) are met. Subletting is a concession granted by the Findhorn Bay Holiday Park and it reserves the right, at any time, to withhold permission if it is deemed appropriate.
- The owner is required to provide the following information:
- the name/s of the subletting tenant,
- the time period of the intended sublet,
- current copies of all relevant safety certificates. N.B.It is illegal to sublet a Mobile Home without the appropriate, and current Safety Certificates which must be completed every year. (See above, paragraph 8).
- Subletting is for a maximum period of one year.
- If an owner is in breach of the subletting rules and regulations the Findhorn Bay Holiday Park reserves the right stop any subletting immediately.
- The Findhorn Bay Holiday Park reserves the right to charge the owner a penalty fee of £50 for any breach of the subletting rules and regulations and any resulting administration time will be charged at £10 per hour.
- At the end of any subletting period the owner must either reoccupy or sell the Mobile Home .The owner may be required to sell the Mobile Home off site. Owners are not permitted to sublet on a permanent or semi-permanent basis as this is in contravention of the Private Site Agreement (Part 3: Implied terms, Paragraph 3 b).
- During the period of subletting, the Mobile Home owner is fully responsible for all payments due to the Findhorn Bay Holiday Park and is required to make appropriate arrangements with the Holiday park office before the sublet commences.
- At the time of sale of a Mobile Home, any illegal garages or extensions must be removed prior to a new site agreement being issued.
- No business are allowed to be operated on the site without the express permission of the Findhorn Bay Holiday Park, where permission is given, approval may also be required from Park Planning Group.
Mobile Home Owner ___________________
Owner Full Name (Block Capitals) ___________________
F. B.H.P Manager _________________
Manager Full Name (Block Capitals) ___________________
Express Term updates/changes
Private Site Agreement (PSA). “Express Terms” changes agreed by NFD and Private residents 26th August 2008 and incorporated into PSA
PART 4: Express Terms
e) The Findhorn Bay Holiday Park reserves the right to charge the owner a penalty fee of £50 for any breach of the subletting rules and regulations and any resulting administration time will be charged at £10 per hour.
e) The Findhorn Bay Holiday Park reserves the right to charge the owner a penalty fee of £50 for any breach of the subletting rules and regulations and any resulting administration time will be charged at £10 per hour up to a maximum, at any one time or incident, of £100.
10. At the time of sale of a Mobile Home, any illegal garages or extensions must be removed prior to a new site agreement being issued.
This is now deleted from the PSA.
11. No business are allowed to be operated on the site without the express permission of the Findhorn Bay Holiday Park, where permission is given, approval may also be required from Park Planning Group.
Home based businesses are allowed to be operated on the site provided that no nuisance or unreasonable inconvenience is caused to surrounding properties or to the site and site owner.
Findhorn Bay Holiday Park Site Rules
4. Mobile Home occupiers are responsible for payment of costs of electricity and other services and are required to pay these to the Holiday Park Office on a weekly or monthly basis as agreed. In the event of payments being in arrears for a period of one month this would be regarded as a breach of site rules and occupiers may be requested thereafter to remove from the site reserving to the owners all rights of recovery of outstanding service charges.
4. Mobile Home occupiers are responsible for full payment of electricity and other service costs to the Holiday Park Office when invoiced on a monthly basis. If individuals find themselves in financial difficulties we ask that they let the HP office know so that we can support and organise a mutually acceptable payment plan. In the event of payments being withheld for a period of three months, this would be regarded as a breach of site rules. In such an event the site owner may request the occupier to remove from site, reserving to the owners all rights of recovery of outstanding service charges.
5. An owner resident may sell his/her Mobile Home on site but only with the agreement and approval of the site management, which will not be unreasonably withheld. Any prospective buyer must accept a written agreement from the site management based on the Mobile Homes Act 1983 and must agree to the terms and site rules therein.
6. Occupiers are responsible for anyone staying with them or visiting them to ensure that site rules are kept.
6. Occupiers are responsible for anyone living, staying or visiting them to ensure that site rules are kept.
7. Occupiers are responsible for the conduct of (their) children at all times.
This is now deleted from the PSA.
8. Pets are allowed on the site with the permission of the site management. Where this is granted dogs must be kept on a lead at all times on the site and exercised off the site to avoid fouling the Park.
8. Occupiers are responsible for their pets. Dogs must be kept on a lead and are asked to remove any fouling immediately.
9. Certain narcotic substances such as cannabis, are illegal in this country. Any tenant who is found in possession of such substances, or who makes them available to others, will be asked to leave the park forthwith and the Police will be notified.
9. All narcotic substances are illegal in this country. Any tenant who is found in possession of such substances, or who makes them available to others, will be asked to leave the park forthwith and the Police may be notified.
10. All vehicles must be driven carefully within the Park and not exceed the speed limit of 10m.p.h. Anyone exceeding the speed limit will be asked to leave the site and will be reported to the Police, we will also take civil legal action where appropriate. Vehicles must keep to recognised parking spaces, not on the grass, and not in such a way as to obstruct the roads. Vehicles must be taxed and insured and drivers must hold a current driving licence and insurance. Disused vehicles must be removed from the Park.
10. All vehicles must be driven carefully within the Park and not exceed the speed limit of 10m.p.h. Anyone exceeding the speed limit may be asked to leave the site and may be reported to the Police, we will also take civil legal action where appropriate. Vehicles must keep to recognised parking spaces, not on the grass, and not in such a way as to obstruct the roads. Vehicles must be taxed and insured and drivers must hold a current driving licence and insurance. Disused vehicles must be removed from the Park.
12. The washing of clothes, dishes and cooking utensils is not permitted in toilet blocks and hot water should not be carried outside. Laundry and drying facilities are available on site.
This is now deleted from the PSA.
13. The owner is wholly responsible for the insurance of their own effects, and will not prejudice any insurance policies effected by the site owner in respect of the site, third party or other insurances
13. The Occupier is wholly responsible for the insurance of their mobile home and contents.