The question of whether your home is classed as a ‘mobile home’ or a ‘dwelling house’ can have a big impact on your rights. So it’s important to know that;
- What is legal definition of a ‘mobile home’?
- What is the legal definition of ‘dwelling house’?
Legal definition of a ‘mobile home’
According to the law, a mobile home is a structure designed to be lived in that can be moved from place to place. A mobile home is a home that can be towed or transported on a trailer or motor vehicle. Legal definition of a mobile home also comprises that a motor vehicle designed or adapted to be lived in. Railway carriages and tents do not count as mobile homes.
Mobile home is clearly designed for and capable of use for human habitation. The addition of decking and porch canopy has not affected the integrity of the Park Home such a twin unit. It may look like a building at first site. It may be a structure in the sense of something that has been constructed, but so are all caravans. It has not become a building through durability or its degree of physical attachment to the ground.
- Size
The maximum size of a mobile home is 20 meters long (exclusive of any tow-bar), 6.8 meters wide and 3.05 meters high inside. There is no external roof height. The unit can be constructed on site, but must have the ability to be moved in two halves. Be conscious of that if you add a porch or extension to your mobile home, it may take it outside the legal definition, nevertheless, if the attachments can be easily removed, they can be disregarded.
- Construction
Attention is drawn to the analysis of the meaning of the words “composed of not more than two sections separately constructed and designed to be assembled on a site by means of bolts, clamps or other devices. However the Park Home was delivered by lorry in many pieces, there are no legal requirement in that the process of creating two separate sections must take place away from the site on which they are then joined together. It is necessary only that the act of joining the two sections together should be the final act of assembly.
The legal definition of a ‘dwelling house’
A house or a part of a building; inhabited by man is called dwelling home. Its distinctive characteristic is its ability to afford to those who use it the facilities required for day-to-day private domestic existence. In most cases there should be little difficulty in deciding whether or not particular premises comprise a dwelling house, but difficult cases may need to be decided on their particular facts. In such cases the question is basically one of fact.
If you rent a mobile home that is classed as a dwelling house your position will be a tenant rather than a licensee being tenant gives you more rights. Your mobile home may be classed as a ‘dwelling house’ rather than a mobile home if it has following features:
- Main supplies of electricity, water and telephone.
- Used as a permanent residence.
- Static and cannot be moved.
- Large enough that it cannot be moved in one piece.
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