What Happens To A Park Bungalow When The Owner Passes?

The rules are different from traditional property, and they catch a lot of people out. The good news is that the law does protect Park Bungalow residents and their families. But the protections work in a specific way, and it's worth knowing how they apply to your unique situation.

This is the single most important thing to understand. When a Park Bungalow owner passes, the pitch agreement does not automatically end. The site owner can't simply ask your family to leave or remove the home from the site.

The Mobile Homes Act 1983 sets out clear rules on what happens to both the Park Bungalow and the pitch agreement when the owner passes away. These rules apply to all residential Park Bungalow on protected sites in England.

Your Park Bungalow is treated as a personal possession, like any other asset. It can be inherited through your will or, if you don't have a will, through the rules of intestacy. But the right to actually live in the home depends on a separate set of rules, and that's where it gets a little more involved.

The Mobile Homes Act sets out a clear order of priority for who can take over the pitch agreement and continue living in the home. This is known as succession.

• Your spouse or civil partner comes first. If your husband, wife or civil partner was living with you in the Park Bungalow at the time of your death, the pitch agreement automatically passes to them. They will need the site owner's permission and must comply with any site rules, including age requirements and ensuring that site fees are kept up to date. The agreement transfers with all the same rights and obligations.
• A family member living with you comes second. If there's no surviving spouse or civil partner, but a family member was living with you at the time of your death, the pitch agreement passes to them instead.
• A person named in the will comes third. If nobody was living with you when you died, the pitch agreement passes to whoever inherits the home under your will, or under the rules of intestacy if you didn't leave a will. This doesn't have to be a family member. However, this type of successor doesn't automatically get the right to live in the home. The site owner can allow them to move in, but approval must be granted.

The definition of family under the Mobile Homes Act 1983 is broader than many people expect. It includes your spouse, civil partner, parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew and niece.

Step-relations and in-laws count too. So a stepchild is treated the same as a biological child, and a relationship through marriage is treated as a blood relationship. Couples who live together as husband and wife, or as civil partners, without being formally married or registered also qualify.

This broad definition means that in most family situations, there will be someone who's eligible to take over the pitch agreement.

If no one was living with the Park Bungalow owner at the time of death, and no qualifying family member inherits the home through a will or intestacy, the estate still has the right to sell the Park Bungalow. The pitch agreement doesn't just disappear.

The executors of the estate can sell the home to a new buyer, and the pitch agreement will be assigned to the buyer in the usual way. The site owner is entitled to a commission of up to 10% of the sale price. Any remaining proceeds, after deducting the commission and any outstanding pitch fees, go to the estate for distribution to the beneficiaries.

If you'd rather sort things out while you're still around, you do have the option of gifting your Park Bungalow to a family member during your lifetime. Under the Mobile Homes Act, you can assign your pitch agreement to a qualifying family member without needing the site owner's approval.

No commission is payable on a gift, and the process mirrors the standard sale process in terms of paperwork. It can be a simpler and more certain way to pass your home on, especially if you want to avoid any potential complications after your death.

If your pitch agreement was entered into before 26 May 2013, you'll need to complete and send a Notice of Proposed Gift form to the site owner, along with evidence of your family member's relationship to you. For agreements made after that date, the process is simpler, but you'll still need to provide proof of the family connection.

💡It's a good idea to get legal advice before going through with a gift, particularly if it might affect your tax position or eligibility for any benefits. 

The simplest thing any Park Bungalow owner can do is make a will and make sure it clearly addresses the Park Bungalow. Without a will, the rules of intestacy decide who inherits your estate, and that might not match your wishes.

A will gives you control over who receives the home and, combined with the succession rules in the Mobile Homes Act, it helps make the transition as smooth as possible for your family during a difficult time.

If you already have a will, review it whenever your circumstances change. A new partner, a family bereavement, a change of address - any of these could affect how your estate is handled.

For a broader look at what Park Bungalow ownership involves, including your rights and obligations as a resident, take a look at this complete guide to Park Bungalow living.