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Old 13-09-2018, 17:28
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Ross Ross is offline
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Default Discontented owners

This is a complicated situation, but we have a 12 year old lodge on a holiday park which is open all year and we sublet our lodge through the park on a scheme that gives us a fixed return and 6 weeks usage ourselves, off peak. So far, in the 18 months since we bought the lodge, we havenít actually been paid anything, but we have had the decking replaced and various other repairs, including a new boiler and painting of the outside cladding, so there hasnít actually been anything owed to us.

Since weíve been there, we have got to know another lodge owner who has told us that there are a number of owners who are owed a lot of money by the park owner and there are accusations that he has blocked the sale of some ownersí lodges too.

The park is well run, maintenance standards are high and holiday makers who rent lodges for a week or two generally leave positive views on TripAdvisor. However, there are some owners who stay at the park full time and it is obviously their home. One of them is, rather foolishly, leading a group action with a view to having the park owner charged with various trading standards offences and fraud and is now under threat of eviction.

My question is, whatever the validity of the grievances in the group action, does this ownerís action constitute grounds for eviction on the basis that they are causing a nuisance to other lodge owners who are not interested in being involved? Also, does the fact that they are effectively living there constitute grounds for eviction? If yes, then how does eviction work in practice and is there an appeal process?

We donít agree with the group action and we have declined to be part of it as we believe that the best way to continue to enjoy our lodge is to maintain a good relationship with the park owner, but we also do not want to see the distress and financial loss that the other lodge owner will incur if they are served with an eviction notice.
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Old 13-09-2018, 18:25
treetopper treetopper is offline
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As its a holiday site,then they can get evicted,as a few have found in Wales....
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Old 13-09-2018, 18:40
fhb fhb is offline
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Simple answer - if the Park/lodge is licensed for holiday use, even if it is a 12 month site, anyone using it as their home is living illegally, plus the Park itself is breaking the terms of the site licence and can be heavily fined by the licensing council.
Therefore, if the site operator is made aware that some owners are using their holiday lodge as a permanent home, the site operator is legally obliged to instruct said owners that they either find another home and use the lodge for holidays only, or move out altogether.
The council themselves, if it is drawn to their attention, may well serve an enforcement notice on the Park and maybe the illegal full-time dwellers.
As regards to the nuisance value, it would probably be secondary to the incorrect use of a holiday home as a full-time home, but presumably if they are breaking site rules (as well as the site licence) eviction is most probably pending..
Of course, if this is one of the scenarios where an enthusiastic salesman told a potential buyer that it would be "no problem" to use a holiday home as a full time home, then Trading Standards may well be interested in the Park operator - but I'd take a bet that somewhere in the paperwork is a clause about "holiday use only".
ANYONE thinking of living full time in a lodge or park home should use a solicitor to check that they really are moving to a residential park; sadly, too many rely solely on information from the salesman or estate agent.
While it is nice of you not to want the full-timers to suffer distress and financial loss through eviction, it is almost certainly a situation they have brought about themselves.
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Old 13-09-2018, 18:44
fhb fhb is offline
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Quote:
Originally Posted by treetopper View Post
As its a holiday site,then they can get evicted,as a few have found in Wales....
Not just Wales - evictions have been reported across most of England too.
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  #5  
Old 14-09-2018, 08:11
Mosquito Mosquito is offline
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It's never a good idea to live full time on a Holiday Park. You can get away with it but there is always the possibility of eviction and the park could ask you to remove the van forthwith. It's a dangerous scenario.
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