The Office for National Statistics (ONS) figures revealed a 4.7% increase between 2011 and 2021 in the number of people staying in a holiday home for more than 30 days per year. It also found that 77% of these people were aged 50 and over.
Holiday homes aren’t protected by the Mobile Homes Act 2013, as this Act protects homeowners of properties on residential parks, not holiday parks.
In 2020, owners of holiday caravans and lodges launched a petition asking the government for the same protections as those given to owners of residential mobile homes. The petition pointed out problems including unfair practices, such as being misled, as well as clear, concise and transparent information not always being given at the point of sale.
In April last year, the Chartered Trading Standards Institute (CTSI) and the Department for Business and Trade (DBT) published guidance for holiday caravan park owners and operators.
Read on for information and advice on what to do if you’ve been misled.
Unfair terms and broken promises
We spoke to current and ex-holiday homeowners across the UK who reported being misled when being sold static caravan and lodge homes on holiday parks, resulting in the loss of money, time and their properties.
On Facebook, a group of around 47,000 people is full of members voicing their complaints regarding their similar experiences owning homes in holiday parks.
Claims of misleading actions include:
Owners of holiday homes claim that these promises were proven to be untrue after they made the purchase.
‘We were told the nice views were on protected land and could never be built on’
With many selecting holiday homes due to the scenery, holiday home owner Yvette Bayley was disappointed when the ‘gorgeous view’ she was told was on protected land and could never be built on, was, in fact, built on. She says she was ‘sold nothing but lies from day one.’
Around four years later, Yvette claims that the view had been completely blocked by new plots being built.
Similarly, Angela* and her husband bought two lodges in an ‘ideal location’ – on a hilltop by huge pine trees which protected them from high winds and offered them privacy.
Before buying the lodges, they were told that there was a Tree Preservation Order (TPO) on the park, which prohibited particular trees from being cut down.
Unfortunately, they later discovered that the trees next to them weren’t protected and they were eventually felled, leaving them ‘exposed to ferocious winds and rain’ on many occasions.
Overdue repairs
Ellen* claims that she was told her van would be cleaned inside and pressure washed outside before buying but it wasn’t pressure washed for months and when it was, it blew dirty water inside, over the walls and her belongings. She also states that the van leaked in the rain and had mould in the cupboards.
Yvette said that the first caravan she bought had damage to seating, which the salesperson said would be fixed as soon as possible as part of the sale, but three months later when she went to visit the van, this still hadn’t been done.
‘We were horrified. We did not have the ability to do it ourselves and the site was telling us it was undoable.’ She remembers being ‘absolutely heartbroken’ as she had used money left to her by her dad to make some of the purchase. Yvette felt that her only option was to part exchange for a brand new caravan.
What are misleading actions?
Under the CPRs traders are prohibited from using misleading actions, misleading omissions or aggressive practices to make a sale.
This could be through giving false information about a product or excluding important information that you might need to make an informed decision.
Are holiday parks regulated?
There isn’t one regulating body for holiday parks, however, some holiday parks are signed up with either the National Caravan Council (NCC) or the British Holiday & Home Parks Association (BH&HPA), which both represent the holiday park industry.
It is important to note that an opinion, which is then later proven to be unfounded, will not be treated as a misrepresentation unless the opinion amounts to a statement of fact and it can be proved that the person who gave it, did not hold it, or could not reasonably have held it.
Depending on the type of misrepresentation, you may be able to claim compensation. However, this won’t be available if, after discovering the misrepresentation, you continue with the contract either in writing or through conduct or if the time between discovering the misrepresentation and taking action is sufficiently long.
The CRA requires that all written terms in consumer contracts must be transparent, and will be considered unfair if it is contrary to the requirements of good faith and causes a significant imbalance in the trader’s and consumer’s contractual rights and obligations to the detriment of the consumer.
Where can you get help?
If you think that one of the above Acts applies to your situation or have any other issue you’re not happy about, the first step is to complain to the holiday park who your contract is with, citing the act you believe applies with as much evidence as possible. You can also complain to the NCC and BH&HPA if your park is a member of them.
If you can’t reach a resolution, complaints can be made to trading standards. You can do this through Citizens Advice if you live in England and Wales, Advice Direct if you’re in Scotland, or Consumerline in Northern Ireland.
What do holiday park associations say?
Which? asked BH&HPA and the NCC about their complaint processes and for advice for homeowners experiencing problems with misleading sales tactics. A spokesperson from BH&HPA told us:
‘Many people choose to buy a holiday caravan every year, but as with any major purchase, it’s really important that buyers fully understand the Licence Agreement they are signing.
‘At the British Holiday & Home Parks Association, we provide our member parks with model agreements, written in plain English, which uphold the principles of fairness and transparency.
‘These clearly set out things like the cost of annual pitch fees and when they are reviewed, whether sub-letting to other holiday guests is permitted, the transfer fee payable to the park if the holiday caravan is sold and the procedure for addressing any customer concerns.
‘We strongly advise all potential holiday caravan owners to do their research in advance, so they fully understand what they are buying and what ownership means.’
Some tips it shared included understanding that the resale value of your holiday caravan will be less than the original purchase price and ensuring you have read carefully and understood your contract. It also advised prospective buyers to check that the park operator is an NCC member.
In its complaint process, the NCC explained that it allows owners to complain to the Informal Dispute Resolution Service (NCCIDRS) free of charge if the issue cannot be resolved between the member park and the owner.
If the issue still can’t be resolved, it may be eligible for referral to the Independent Holiday Caravan Park Resolution Service.
*names changed for anonymity
source https://www.which.co.uk/news/article/misleading-sales-tactics-rife-in-the-caravan-and-lodge-park-industry-aPQ960b4Ypl7