Holiday and Residential Parks

A licence agreement is a contractual permission, allowing the caravan/lodge owner to keep his or her caravan/lodge on a pitch subject to terms and conditions. A lease ...creates a legal estate in the land over which the caravan/lodge owner has the right to keep the caravan/lodge on the land subject to the covenants in the lease.

If the dispute cannot be resolved, in order to avoid allegations of trespass and damage to goods (i.e. the caravan/lodge and the possession inside) you would need to bring a claim in the County Court for possession of the pitch but be prepared for the proceedings to be defended and for any possible ...counterclaim for damages for unlawful termination. Legal action is expensive and can be long drawn out. You should take legal advice on the risks of pursuing legal action before bringing a claim. If  appropriate, make a “without prejudice” offer of settlement.

An application can only be made if valid notice of breach has been served and a reasonable period of time has passed. You need to consider if you ...have taken this step, whether you have the evidence to prove the term has been broken, along with other evidence (letters, telephone attendance notes) to be able to convince a County Court Judge that it would be reasonable to end the agreement and make an order requiring them to give up possession of the pitch.

Seek advice from a park’s specialist. You need to make sure you are not under any strict timescale in which to respond. Investigate the complaint thoroughly ...and if appropriate ask for a meeting with the enforcement officer. Keep the local authority informed about what you are doing...

Yes. The Courts will expect there to be a suitable, written agreement in place between you and the caravan/lodge owner ...setting out the rights and obligations of the parties.