Can my park owner enforce new rules if they didn't give me a written statement first?

The situation

I am currently living in my static caravan at a residential park in Devon, England. I moved onto this site about six months ago, back in January, after signing what I thought was the final paperwork. At the time, the site owner, a local company, handed me a thick folder of rules and told me I had to follow them, but they never gave me a formal, separate written statement outlining the specific terms of my site agreement before we signed anything. Now, in June, the owner has suddenly decided to enforce a new rule regarding how much I can charge for any small labour I do for neighbours, claiming I must pay a £50 monthly site maintenance fee that wasn't in my original notes. I have tried speaking to the site manager directly to point out that I never received a proper breakdown of the terms before I moved in, but he just insists that because I signed the main contract, the rules are binding. I am worried that they are trying to squeeze extra money out of me using terms that were never properly disclosed to me in writing at the start. Am I allowed to challenge these terms in court if they didn't provide the required written details beforehand?

Detailed Analysis

Under the Housing Act 2004, site owners have strict duties regarding how they communicate terms to residents. Specifically, the law requires that "Before making an agreement... the owner... shall give to the proposed occupier... a written statement"^[1]. This means the owner must provide a document that "sets out the express terms to be contained in the agreement"^[1] at least 28 days before you sign the agreement, unless you agree to a different date in writing.

In your case, you moved in in January after being handed a folder of rules, but you state you never received a formal, separate written statement outlining the specific terms before signing. This is a significant issue for the owner. The law is very clear about the consequences of failing to do this: "If any express term... was not set out in a written statement given to the proposed occupier... the term is unenforceable by the owner"^[1]. An 'express term' is a specific rule or requirement clearly stated in a contract.

Because the £50 monthly maintenance fee and the new rule regarding your labour income were not part of the written statement provided to you before you moved in, the owner may be legally unable to force you to pay them or follow them. You have the right to apply to the court to fix this. The law allows an occupier to "apply to the court for an order requiring the owner— a to give him a written statement which complies with... subsection (2)"^[1]. This order would force the owner to provide a proper, legal breakdown of your actual agreement.

It is important to note that while the owner may be unable to enforce the *new* terms, the original terms you did agree to (if they were properly disclosed) remain valid. Additionally, the law regarding the approval of people to buy your mobile home involves different procedures^[2].

Local council regulations or specific consumer protection laws may also apply to your situation.

Statutory Citations

Related Questions

• Does my landlord have to use a specific official form for the deposit protection notice?
• Can my council ask a housing association for information about my tenancy?
• Where can I find my company's rules for disciplinary action and complaints?
• How can the government update the official workplace guidance if new laws are passed?
• Can the government change the rules in my mobile home site agreement?