My dream house became a nightmare when I was told I have no right to live there
A delivery driver has said he is living in an ‘eternal nightmare’ after selling a house he has no right to live in.
Mike Chesworth, 59, shared BBC panorama that he used his savings to buy a house on a holiday park under the “false promise” that he could live there permanently.
He bought his home in Wyre Country Park in Lancashire for £180,000 in 2019 as a retirement home for him and his wife.
Park homes are like a mobile home or chalet that you might stay in on holiday, but you can live in it all year round.
They are usually intended for older people who retire to a smaller place.
Mike and his wife signed the contract agreeing that they could stay in the park permanently.
But the park only has a holiday permit, so no one can live there full-time.
This means they can be evicted from their home by the council for breaching planning rules.
Mike said he is “heartbroken” after being forced to return to work as a delivery driver six days a week to raise the money to take the site’s owner to court.
He said his retirement dream has turned into a “perpetual nightmare.”
He told the BBC: ‘You’ve spent a lot of time and effort looking for a pension, and you’ve worked 30 or 40 years of your life for it, but then you discover that the dream you thought you were going to get , is the eternal nightmare you would ever have. doesn’t seem to end.
“And it’s just heartbreaking. Absolutely heartbreaking.”
The site’s owner, David Welch, denied misleading buyers to the BBC and said the site’s signage and sales agreements clearly stated it was a holiday park.
Mike is among a half-dozen buyers who said they were “misled” into buying their home.
Ibraheem Dulmeer, a specialist park home lawyer, said: ‘After a decade specializing in this sector, it is worrying to see that many are unaware of the importance of seeking legal advice before making such a purchase.
“I would strongly advise anyone considering purchasing a caravan or park home to seek specialist legal advice.”
The British Holiday and Home Parks Association, which represents site owners, said: “Every year many thousands of people purchase a holiday caravan or home park home – the vast majority of whom have a positive experience and enjoy the whole holiday. lifestyle benefits that come with ownership.”
Can you live permanently in a holiday home in a park?
According to figures from the House of Commons library, around 159,000 people live in static caravans.
The vast majority live in residential parks with planning permission and housing permits, meaning they do so completely legally.
But people who live at holiday parks that only have a holiday park permit are breaking the law.
But even if a park has a residential permit, the site owner may not have a building permit for all homes.
If the park only has a holiday park permit, you cannot live there all year round. It must be for recreational or holiday purposes only.
This means that you must also have a main address as your permanent residence.
This doesn’t mean you can’t visit your vacation home often, but parks are not allowed to grant people permanent residency.
If you do, you will most likely be in violation of your license agreement.
Moreover, because it is not a permanent home, you do not pay any council tax or stamp duty.
What happens if you use a holiday home as a permanent home?
If a municipality finds out that a holiday home is being used as a full-time home on a site without a residential permit, this can have serious consequences.
Authorities may prosecute the park owner for breach of permit conditions or a building permit.
They can also issue a writ of execution directly to the owner, requesting them to remove themselves from the park.
They may also ask you to sell it to someone who will use it as a holiday home.
The park owner can also try to have the owner evicted from the park on his own.
Where you can go for help
Contract law applies to the sale of holiday mobile homes and pitch agreements. The use of a mobile home at a holiday park is also a contract, not a rental agreement. The contract must define the rights and obligations of both parties.
The government-funded LEASE Park Homes offers free advice and guidance about the law on residential park homes and can be reached on their free telephone number: 0808 196 2212.
In addition to a lawyer, you can obtain free advice from Citizens advice or by contacting the Citizens Advice consumer helpline: 0808 223 1133.
The Commons Library briefing paper: Legal advice: where to go and how to pay? could also be interesting.
More information:
Source: commonslibrary.parliament.uk
Do you have a money problem that needs to be solved? Get in touch by emailing money@the-sun.co.uk.
Moreover, you can join us Sun Money chats and tips Facebook group to share your tips and stories.