We created this residents agreement through a consensual process taking into account the legal imperatives of describing ourselves as a mobile home park, the rules governing a co-operative and with reference to the residents agreement of the Hollies.
Click HERE for a print version of the Residents Agreement (rtf doc)
Future Roots Housing Co-operative Ltd
Registration no. 30085R (hereinafter known as the Co-operative)RESIDENTS AGREEMENT
Written statement under the Mobile Homes Act 1983
Important - please read the statement carefully and keep it in a safe place. It sets out the terms on which you are entitled to keep your mobile home on site and tells you about the rights given you by law. If there is anything you do not understand you should get advice (for example, from a solicitor or a Citizens Advice Bureau).
PART I
1. You have an agreement to which the Mobile Homes Act 1983 applies
2. The parties to the agreement are . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(name and address of mobile home occupier)
. .Future Roots Housing Co-operative Ltd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(name and address of Co-operative)
3. The agreement commenced on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(fill in date)
4. The particulars of the land on which you are entitled to station your mobile
home are . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[5. The Co-operative's estate or interest in the land will end on
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; or
(fill in date)
The Co-operative's planning permission for the site will end on
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(fill in date)
This means that your right to stay on the site will not continue after that date unless the Co-operative's interest or planning permission is extended.] Cross out words in square brackets if they do not apply.
PART II
Information
1. Because you have an agreement with a Co-operative which entitles you to keep your mobile home on it's site and live in it as your home, the Mobile Homes Act 1983 gives you certain rights, affecting in particular your security of tenure and the sale of your mobile home.
2. These rights, which are contained in the implied terms set out in Part III of this statement, apply automatically and cannot be overridden, so long as your agreement continues to be one to which this Act applies.
3. A full explanation of your rights can be found in the booklet Mobile Homes, produced jointly by the Office of the Deputy Prime Minister, the Office of the National Assembly for Wales and the Scottish Executive Development Department. The booklet is available free from council offices and housing aid centres and you are advised to read it.
4. If you are not sure what any of the terms of your agreement mean or how they will work in future, you should get advice at once from a solicitor or Citizens Advice Bureau.
5. If you are not happy with any of the express terms of your agreement (as set out in Part IV of this statement) you should discuss them with the Co-operative, who may agree to change them. But if you are still not satisfied you can challenge the agreement in two ways, as explained in paragraphs 6 to 9 below, provided you do so within six months of the time you are given this statement.
6. A challenge can be made either in the county court or before an arbitrator.
You can:
a. ask for any of the express terms of the agreement (those set out in Part IV of this statement) to be changed or deleted;
b. ask for further terms to be included in the agreement concerning the matters set out in Part II of Schedule I to the Act (see paragraph 9 below).
The Co-operative can also go to court or to an arbitrator to ask for the agreement to be changed in these two ways.
7. The appointment of an arbitrator may be provided for in one of the express terms of the agreement. If not, you and the Co-operative can still agree in writing to appoint an arbitrator to settle a dispute between you.
8. The court or the arbitrator must make an order on terms they consider just and equitable in the circumstances. If you wish to challenge your agreement, you should get advice from a solicitor or Citizens Advice Bureau.
9. The matters set out in Part II of Schedule I to the Act are as follows:
a. the right of the occupier to quiet enjoyment of the mobile home;
b. the sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid;
c. the review at yearly intervals of the sums so payable;
d. the provision or improvement of services available on the protected site, and the use by the occupier of such services;
e. the preservation of the amenity of the protected site;
f. the maintenance and repair of the protected site by the Co-operative, and the maintenance and repair of the mobile home by the occupier;
g. access by the Co-operative to the land on which the occupier is entitled to station the mobile home.
10. If no application to court or an arbitrator is made within the six months time limit, both you and the Co-operative will be bound by the terms of the agreement and will not be able to change them unless both parties agree.
PART III
Implied Terms
Under the Act, certain terms must be contained in your agreement. This part of the statement sets out those terms.
1.1 Duration of agreement
1.1a. Subject to paragraph 1.2 below, the right to station the mobile home on land forming part of the protected site shall subsist until the agreement is determined under paragraph 1.2 and 1.3 below.
1.1b. If the Co-operative's estate or interest is insufficient to enable him to grant the right for an indefinite period, the period for which the right subsists shall not extend beyond the date when the Co-operative's estate or interest determines.
1.1c. If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists shall not extend beyond the date when the planning permission expires.
1.1d. If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account shall be taken of that change.
1.2. Termination by occupier
1.2. The occupier shall be entitled to terminate the agreement by notice in writing given to the Co-operative not less than one month before the date on which it is to take effect.
1.3. Termination by Co-operative
1.3a. The Co-operative shall be entitled to terminate the agreement forthwith, if, on the application of the Co-operative, the court:
i. is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time; and
ii. considers it reasonable for the agreement to be terminated.
1.3b. The Co-operative shall be entitled to terminate the agreement forthwith if, on the application of the Co-operative, the court is satisfied that the occupier is not occupying the mobile home as his only or main residence and considers it reasonable for the agreement to be terminated.
1.3c. The Co-operative shall be entitled to terminate the agreement forthwith if, on the application of the Co-operative, the court is satisfied that, having regard to its age and condition, the mobile home:
i. is having a detrimental effect on the amenity of the site; and
ii. is likely to have such an effect before the end of the next relevant period.
1.4. Recovery of overpayments by occupier
1.4. Where the agreement is terminated as mentioned in paragraph 1.2 to 1.3 above, the occupier shall be entitled to recover from the Co-operative so much of any payment made by him in pursuance of the agreement as is attributable to a period beginning after the termination.
1.5. Sale of mobile home
1.5a. The occupier shall be entitled to sell the mobile home and to assign the agreement to a person approved of by the Co-operative, whose approval shall not be unreasonably withheld.
1.5b. Where the occupier sells the mobile home, and assigns the agreement, as mentioned in sub-paragraph (1.5a) above, the Co-operative shall be entitled to receive a commission on the sale at a rate not exceeding such rate as may be specified by an order made by the Secretary of State.
The maximum rate is presently fixed at 10 per cent by the Mobile Homes (Commissions) Order 1983 (SI 1983/748).
1.6. Gift of mobile home
1.6. The occupier shall be entitled to give the mobile home, and to assign the agreement, to a member of his family approved by the Co-operative, whose approval shall not be unreasonably withheld. The Co-operative may not require any payment to be made (whether to itself or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement.
1.7. Re-siting of mobile home
1.7. If the Co-operative is entitled to require that the occupier's right to station the mobile home shall be exercisable for any period in relation to other land forming part of the protected site:
i. that other land shall be broadly comparable to the land on which the occupier was originally entitled to station the mobile home; and
ii. all costs and expenses incurred in consequence of the requirement shall be paid by the Co-operative.
PART IV
Express Terms of the Agreement
This part of the statement sets out the terms of the agreement settled between you and Future Roots Housing Co-operative Ltd
1. Consensus Decision making and Conflict Resolution
1.1a. Decisions will be prepared, discussed and taken on a monthly basis in meetings hereafter referred to as Housing Co-op meetings, which are open to all residents over 18 years of age. Matters that affect all residents will be decided in a consensus decision-making process. Every household should be represented at these meetings. Decisions that affect all residents should be announced at least a week in advance, preferably in writing.
1.1b. Residents are committed to working out differences in a way that is respectful of each persons needs. We regard conflicts as opportunities for learning and growth. If conflicts can’t be resolved by the disputants they will resort to the service of a mediator. Detailed information about the mediation process is available to all residents. Training in conflict resolution and consensus decision-making will be encouraged.
2. General Bylaws
2.1a. Residents should strive to avoid the creation of noise/behaviour/light pollution likely to interfere with other residents/visitors’ peaceful enjoyment of the site.
2.1b. Residents agree to coordinate all aspects of land use at the Future Roots Housing Co-operative Ltd within the context of the Land Management Plan. This includes keeping animals, planting trees, creating and maintaining gardens, compost heaps, paths, ponds and other features of the landscape.
2.1c. The use of toxic chemicals, herbicides, pesticides and other harmful chemicals is prohibited unless permission has been sought and given from the Land Management Group. It is important also that householders only use recommended detergents and household cleaning products so as to maintain the effective functioning of the reed bed systems.
2.1d. Residents are responsible for the behaviour of their children and their invitees. They should take all reasonable steps to ensure they behave in a manner not likely to spoil others’ enjoyment of the site.
2.1e. Residents should not use their plot for any purpose which may be injurious to the reputation of the Co-operative.
2.1f. All residents must make reasonable attempts to minimize household waste and recycle where appropriate. Household rubbish must be disposed of in a suitable way. Residents must ensure that any on-site composting be carried out in such a way as to exclude and not encourage vermin.
2.2. Buildings
2.2a. The area designated as living area will be divided up into a number of plots. Each plot will be sized to support one mobile home unit plus a small outbuilding and garden.
2.2b. All living units must conform to BS3632:2006 and should be maintained in good repair.
2.2c. In addition to meeting the British Standard regarding mobile homes, all units must also be approved by the Future Roots Internal Building Control Panel (FRIBCP). The criteria covered by FRIBCP is outlined in the 'Building Design Code' and is devised to ensure high environmental standards.
2.2d. All units must also be comply with conditions imposed by the Licensing Unit of the Environmental Health Authority.
2 3. Land Management Plan
2.3. The Land Management Plan will specify how the residents see the site developing over the next 5-10 years. It will include the diversity of activities proposed as well as a timetable for their implementation. All residents will be invited to contribute to the formulation of the plan which will be reviewed each year and can be changed at any Housing Co-op meetings.
2.3a. The keeping of any livestock must conform with the Land Management Plan.
2.3b. The owner of any animal must make sure that it is properly fenced or restricted. The owner must assume responsibility for any damage or nuisance caused by their animals.
2.3c. Pets need to comply with requirements stated in the Land Management Plan.
2.3d. The Co-operative reserves the right to insist that any animal which proves to be a persistent nuisance be removed from the site.
2.3e. The rules and recommendations agreed upon in the Land Management Plan are binding for all residents.
2.3f. Plot holders must take care not to introduce any invasive species to their plots. They may not practice any form of poor husbandry which allows pernicious weeds to flourish.
2.4 Traffic Policy
Future Roots Housing Co-operative Ltd is committed to reducing car use. The following outlines how this will be achieved
2.4a. All vehicles owned by residents parked on site would be charged a monthly car parking fee. It is anticipated that this will be quite high, and will be reviewed annually by Housing Co-op meetings.
2.4b. Money raised from the parking fees will be used to subsidise more environmentally friendly forms of transport.
2.4c. Car-sharing and lift-sharing will be encouraged.
3. Community Participation
3.1. At least one adult member of each household will participate in ten community workdays a year. These workdays will also be open to members of the public.
The tasks to be undertaken and the date and time of them will be decided by the Housing Co-op in their monthly meetings.
4. Entering and Leaving the Co-operative
4.1. Any person wishing to become a member and resident of Future Roots Housing Co-operative will need to follow the procedure outlined below:
4.1a. Attend 2 Future Roots work days.
4.1b. Complete and submit a written application form and accompanying letter.
4.1c. The applicant and their partner/family will be invited for a weekend where they will attend a Housing Co-op meeting and spend time socialising with the existing Future Roots members. During this weekend there will be time for questions and feedback from the applicant. It is advised that all residents should be present for this weekend.
4.1d. After the stay there will be a Housing Co-op meeting about the applicant.
4.1e. The group must reach a consensus decision regarding the application.
4.1f. If the application is successful they are notified in writing and their name is placed on the waiting list.
4.1g. When a property becomes available those on the waiting list are notified.
4.2a. If a member wants to remove their mobile home unit they must give the Co-operative at least one months notice in writing. They are responsible for cost incurred and any damage to the Co-operative fittings and fixtures.
4.2b. If a member chooses to leave and wants to sell their property the Co-operative reserves the right to first refusal.
4.2c. Base price is established with reference to build and fit out costs and the rate of inflation, also with reference to the cost of other affordable housing in the area and the Future Roots Housing Co-operative affordability criteria. An impartial outsider accepted by those leaving also assesses the price
4.2d. If the Co-operative chooses not to purchase the unit then offers from prospective members are welcomed. See joining process, section 4.1.
4.3a. If a resident dies and their spouse is living with him or her in the mobile home when he or she died they will inherit the agreement with the Co-operative and all the rights he or she had. If there is no such spouse, any member of the resident’s family who was living with him or her in the mobile home when he or she died can inherit the agreement and his or her rights.
4.3b. If a resident dies and has no family member of their family living with him or her the person who inherits the mobile home will have the right to sell the mobile home on site, and to pass on the full benefit of the agreement between the site owner and the deceased to the purchaser. The sale will be subject to normal rules about sales on site. The person who inherits the mobile home will not, however, have the automatic right to live in it, nor to give it to a member of his or her family, unless the co-operative agrees that he or she can. The potential resident must become a member of the Future Roots Housing Co-operative Ltd.
4.3c. During the period between the death of the resident and the sale of the mobile home, other terms and conditions of the agreement will continue to apply to the person who inherits the home. He or she will be liable for maintenance fees as required by the agreement. The agreement will continue to apply to the Co-operative, except that it will not be able to ask the court, or an arbitrator, to end the agreement on the grounds that the resident is not living in the mobile home.
4.4. A resident can give his or her mobile home, and pass on the agreement, only to a member of his or her family. The gift must be to a person approved by the Co-operative and they must purchase their £1 share. The resident does not have to pay the Co-operative commission if he or she gives the mobile home to a member of his or her family.
Family members are: a wife or husband, parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece. Any relation by marriage or of half-blood counts as a full relation. Stepchildren, adopted children, and illegitimate children are also included, as are people living together as husband and wife.
4.5. Any member who persistently flouts the rules as set out here or as amended by the Housing Co-op meetings or who fails to show a commitment to the general principles in section 2 can be given a written warning by a consensus decision of all the other residents. After this written warning the offending member will be asked to attend a Housing Co-op meeting to show why they should not be asked to leave. This meeting can proceed even if the offending member does not attend. In the event of a unanimous decision by all full time residents over 18 from all households except that of the offending member then (s)he would be given 1 months to leave, before court action would be taken. If this resulted in a dwelling being left empty it would have to be put up for sale. If the property is being removed by the occupier, they have 2 months in which to remove it.
5. Conditions of Occupancy.
5.1. Future Roots Housing Co-operative Ltd agrees to:
5.1a.Provide a suitable sized plot with planning permission for one mobile home.
5.1b. To improve and maintain the facilities provided, to the standards agreed by the Housing Co-op meetings.
5.1c. Repair the base for the mobile home if necessary.
5.2. The occupant agrees with the Co-operative to the following:
5.2a. To pay the rent, being his or her fair share, as determined by Housing Co-op meetings, of the amount needed for the securing, improvement, maintenance and management of the site.
5.2b. To ensure that Co-operative property and fixtures are not damaged in anyway, that the property is kept clean and tidy.
5.2c. That the occupants report any major defect arising at the property.
5.2d. To co-operate with other occupants to maintain a mutually acceptable living environment with regard to the general upkeep of the premises, disturbance caused by noise and the use of shared facilities
5.2e. If any term of this agreement is not upheld then the matter shall be referred to a Housing Co-op meeting to consider appropriate action.
5.2f. The parties to this agreement acknowledge that the common principles of fairness and co-operation will be upheld in the interpretation and operation of this agreement.
6. Making Changes to This Document
6.1. Changes can be made to this document by a consensus decision of all residents over 18.
Future Roots Housing Co-operative Ltd
Registration no. 30085R
Residents Agreement
I, ..........................................., agree to the above terms laid out by Future Roots Housing Co-operative Ltd and agree to pay my share of the rent at £.................. per month.
The Residents Agreement shall commence on ...........................
Signed .............................................[the occupant] Date ....................
Signed ..............................................[for the Co-op] Date ....................
Name ................................................