Holiday park law in England & Wales can be a minefield for those who are unfamiliar with it. Here is a brief overview of the relevant law.
When looking at the law that governs the relationship between holiday park owners, operators, and holidaymakers it is necessary to consider the multitude of legal areas that arise. Some of the main areas are:
- property law,
- contract law,
- consumer protection law,
- health and safety law, and
- planning law.
Holiday park law features a mixture of common law and statute law.
Common law includes contract law and areas of civil law, such as negligence and nuisance.
There are several of pieces of legislation that apply directly to the holiday park sector. The most important statues to take into account are the following:
Mobile Homes Act 1983
This is one of the most important pieces of legislation affecting holiday parks in England and Wales, particularly those parks where residents own static caravans or holiday lodges. The Act regulates Occupancy Agreements, Security of Tenure, Sales of Holiday Homes, and Termination of Agreements.
Caravan Sites and Control of Development Act 1960
This legislation regulates the development and operation of caravan and holiday parks in England and Wales, to ensure that parks are properly managed and maintained. The Act includes provisions regulating Site Licenses, Planning Permission, and Enforcement Action.
Consumer Rights Act 2015
The Act plays a crucial role in governing the contractual relationship between holiday park operators and holidaymakers or holiday home owners. It is designed to ensure fair treatment in consumer contracts. The legislation deals with Unfair Terms, Clear Information, and Consumer Protection.
Equality Act 2010
The Equality Act 2010 applies to holiday parks in cases where discrimination could occur, such as in the provision of services or the application of park rules. Park operators must not discriminate against individuals based on age, disability, race, sex, religion, or other protected characteristics and may be required to make reasonable adjustments.
Health and Safety at Work Act 1974
Holiday parks must ensure they provide a safe environment for their employees.
The Holiday Caravan Sites (Licensing) Regulations 1989
These regulations set out specific standards for holiday parks in relation to Site Layout and Spacing, Fire Precautions, and Amenities, including sanitary conditions, clean water, and proper waste disposal systems.
Landlord and Tenant Act 1954
This Act may apply to holiday parks, particularly if the park allows longer-term rentals of plots. It governs the relationship between commercial landlords and tenants, including lease renewals and termination, as well as security of tenure.
How we can help you.
Because holiday park law is such a complex labyrinth it pays to consult specialist solicitors who are able to safely guide you through it.
Our team will be happy to discuss any holiday park law issues you need assistance with, and how they can help you.
Call us on 0333 888 0416 or send an email to info@holidayparksolicitors.co.uk
