Yes, you can pass on a park home to family members. As a park home owner, you have the legal right to gift your residential park home to a family member under the Mobile Homes Act. This process requires proper documentation including transferring the pitch agreement. The family member receiving the home must meet any site rules, including age restrictions (typically 50+ on residential parks). Unlike traditional property, you’re transferring ownership of the home itself, not the land it sits on, which remains owned by the park operator.
Understanding park home inheritance: What you need to know
Park home inheritance works differently from traditional property because you own the home but not the land it sits on. When planning to pass on your residential park home, this distinction is crucial to understand.
At Leedons Residential Park, we often explain to our homeowners that inheritance planning requires special consideration. Your park home is classified as “personal property” rather than real estate, which affects how it can be transferred to beneficiaries.
The inheritance process involves transferring both the physical structure and the agreement that allows the home to remain on its pitch. This “Written Statement Under the Mobile Home Act 1983” is the legal document that permits occupation of the land and outlines the rights and responsibilities of both parties.
Can you pass on a park home to family members?
Yes, you absolutely can pass on your park home to family members. As the homeowner, you have the legal right to gift your residential park home to a family member of your choosing.
The Mobile Homes Act protects your right to transfer ownership, and the park owner cannot prevent this transfer or insist on approving your chosen family member. However, it’s important to note that the recipient must still comply with any site rules in place.
For our residential parks like Broadway Park, these rules typically include age restrictions (residents must be 50 years or older) and the prohibition of dependent children living on the park. These rules help maintain the peaceful retirement community atmosphere that makes our parks so desirable.
What are the legal requirements for inheriting a park home?
The legal process for inheriting a park home involves several specific steps that must be followed carefully to ensure a valid transfer of ownership.
First, the transfer must be properly documented using the correct forms as specified in the Mobile Homes Selling and Gifting Regulations. The person gifting or leaving the home must provide the family member with:
- A copy of the Written Statement (pitch agreement)
- The park rules
- Details of any charges relating to the home
- Information about any valid warranty or recent surveys
The family member inheriting the home will need to formally accept the terms of the pitch agreement, as they’ll be taking on the rights and responsibilities of park home ownership. This includes paying the monthly pitch fee (currently £193.77 on Broadway Park and £246.58 on Leedons Residential) and complying with all site rules.
How do you properly include a park home in your will?
Including your park home in your will requires specific wording to ensure your wishes are carried out smoothly. You should clearly identify the property as a “residential park home” rather than using terms like “mobile home” or “caravan” to avoid confusion.
Your will should include:
- The full address of the park home, including plot number
- A clear statement of your intention to transfer both the physical structure and the pitch agreement rights
- Instructions regarding the payment of pitch fees during the transfer period
We recommend consulting with a solicitor who has experience with park home legislation. The unique aspects of residential parks and their legal framework mean that standard property solicitors may not be familiar with all the relevant considerations.
What restrictions might affect passing on your park home?
While you have the right to pass on your park home, several restrictions might affect who can actually live in it after inheritance.
The most common restriction is the age requirement. On our residential parks, residents must be 50 years or older, with no dependent children permitted to live on the park. If your intended beneficiary doesn’t meet these criteria, they may inherit the home but might not be able to live in it.
Other potential restrictions include:
- The prohibition against subletting (the inheritor must use the park home as their main residence)
- Rules against running a business from the park home
- Limitations on making significant alterations to the exterior
It’s worth noting that these restrictions are in place to maintain the quality and character of our residential communities, ensuring all residents can enjoy a peaceful lifestyle.
Key takeaways about park home inheritance planning
Planning the inheritance of your park home requires understanding the unique aspects of park home ownership. Here are the most important points to remember:
- You have the legal right to pass your park home to family members
- The heir must comply with park rules, including age restrictions (50+)
- Proper documentation is essential, including transfer of the Written Statement
- Seek advice from professionals familiar with park home legislation
- Consider how pitch fees will be handled during the transition period
By planning ahead and ensuring all documentation is in order, you can provide peace of mind for yourself and a smooth transition for your loved ones.
Frequently Asked Questions
Does inheriting a park home involve paying stamp duty?
No, park homes are exempt from stamp duty as they’re classified as personal property rather than real estate. This can represent a significant saving compared to inheriting traditional housing.
Can the park owner charge a commission when a park home is inherited?
No, while park owners can charge commission when a park home is sold (typically 10%), this doesn’t apply when a home is inherited or gifted to family members.
What happens to the pitch agreement when the park home owner dies?
If the deceased owner has a will, the executors will manage the home until it passes to the beneficiary. Without a will, the next of kin will typically take responsibility. The pitch fees must continue to be paid during this period.
Can multiple family members inherit a park home together?
Yes, multiple beneficiaries can jointly inherit a park home, but this can be complicated practically. All occupants must meet the park’s age requirements, and the pitch agreement would need to be in all their names.
How long does the inheritance process take for a park home?
The process typically takes 6-12 weeks, depending on whether probate is required and how quickly the necessary paperwork can be completed. During this time, pitch fees must continue to be paid to maintain the agreement.
