Most parks will, from time to time, encounter a resident(s) who are causing a nuisance or an annoyance because of their behaviour but what can you do?
A recent case, Telchadder v Wickland Holdings Ltd was heard in the Supreme Court. What is interesting about this case is there may be instances on a residential park where the breach is so serious that it cannot be remedied (or its irremediable) even though the wording in the implied terms does not allow a park owner to terminate (with the Court’s permission) when there has been a irremediable breach.
Download Kirstie Apps’ review and commentary of the case.
TIPS FOR DEALING WITH ANTI-SOCIAL BEHAVIOUR
1. Always keep a written record of any instances of anti-social behaviour and complaints to you from residents.
2. Residents who are complaining about particular behaviour from another resident should be encouraged to write to you about it.
3. Residents should be encouraged to keep a diary of anti-social behaviour.
4. Serve notice of breach, which complies with the notice provisions in the implied terms if there has been a breach for which you intend to bring legal action in the County Court for termination if the breach has not been remedied within a reasonable period of time.
5. If there is a further breach, what was it? How long has lapsed between the date of the notice of breach was served and the new breach?
6. What evidence do you have in support of these breaches happening?
7. What evidence do you have in support of the argument that it is reasonable to terminate the agreement?
8. Take independent legal advice before embarking upon legal proceedings.
For further advice, our specialists in the park home sector can be contacted on 01392 210700 or email parks@stephens-scown.co.uk