Mum lives in a land lease mobile park and has for 15+ years. I am her closest family and have spent time with my children (her grandchildren) over these 15 years. She has a 2 bedroom home and is on her own. Mum is now 91 years and I am spending more time with her over the past 12 months. In essence I am her carer. The problem is the park management is not happy for me to spend 3 nights most weeks and sometimes 4. They are threatening to take us (mum) to tribunal. I have found the park manager to be most unapproachable in past and am needing a mediator to help me work through this as at 91 mum is not able to deal with this extra stress.
Mobile Home in Residential Park
hsk on 26/11/2017 - 07:59
Comments
Something she can not put her hand on.. but her memory is something along the lines of 30 days in a 12 month period. So I am guessing we/she is breaking the lease with us staying. And I guess there in lies our issue. I was just hoping that there was an organisation who could act for her as this is very stressful and surely there are options other than eviction.
There are options other than eviction - you stay overnight with her less, you stay at a nearby hostel/motel, your mum goes into a retirement home/nursing home because honestly that seems to be the better option at this stage.
No advice sorry, but just wanted to say that you're doing the right thing looking after your mum and that management seems like insensitive jerks.
Don't put up with this bullying and certainly don't fold to them.Thank u 😊
that management seems like insensitive jerks.
It's not personal. Emotions and business doesn't mix.
The problem is the park management is not happy for me to spend 3 nights most weeks and sometimes 4.
Assist her, but don't spend the night. Or add you name to the lease and pay the extra rent.
I live 2.5 hours away so coming and going is not really an option plus in the past 12 mths I have been there at night and been able to send her by ambulance to hospital.. so nights are sorta important. I am not sure about adding myself to the lease.. is that an option? If this is an option I need to know more about it.. 😊
Is this a over 55 retirement village?
http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…I understand it WAS an over 55 village at the time mum purchased 15 years ago.. but I am also under the understanding that it is not any longer. Years ago there was signage and a no children law but I belive it is no longer so.
@whooah1979:
Thank u so.. from what I understand here as a land lease owner there is a clause that states……have additional occupants stay with you, which cannot be unreasonably refused
So wonder if I fit into this clause
in the past 12 mths I have been there at night and been able to send her by ambulance to hospital.
If this is the case, you might want to seriously consider - with your mother - whether she'd be better off in a facility with round-the-clock carers. Because if you've had to call ambulances for her, but you're only with her a few nights a week, there's always going to be the risk next time she might need an ambulance when you're not staying with her.
Maybe try calling something like the Law Access hotline
https://www.legalaid.nsw.gov.au/get-legal-help/legal-helplin…they might be able to help you figure out her rights
Maybe let them take it to the tribunal. You may win based on being a carer
most legal aid is heavily rationed. lack of funding. they need to conserve funds. but they may give advice if they have expertise. when I saw legal aid they did not do complex matters.
ring consumer affairs dept in your state and ask them what the legalities are.
you may need to take it to tribunal and they may be sympathetic even if the law is rigid.the idea is to find out the law first and then find out how you appeal it every step of the way.
this can buy you time.
approach your MP as well etc.
try for compassionate grounds at mediation and tribunal.
You were asking about the Cheapest Way to Build a Granny Flat a few months ago,
for your mother at your place.
Why can't you move the mobile home to your property ?
Since you are just leasing the land at the mobile park, and don't you own the mobile home ?Why can't you move the mobile home to your property ?
Zoning.
Zoning.
sell the mobile home and purchase an rv. park it either on your property, on the road or a road related area. make sure to take notice of the parking restrictions and/or traffic signs if you're not parking it on private property.
Have thought about the RV option but the good ones with plenty of space and a shower and toilet cost $50,000++. And so we are not sure that is an affordable or best decision either
I can't see why it couldn't be approved with the same checklist rules that a granny flat is approved.
A bigger problem is likely to be wide access to the backyard for a pre made building.It probably could - the approval process would likely be similar if not easier for a mobile home, but the requirements would be different. That's really the extent of my knowledge on this subject though. And yes - physical access probably be a bigger issue.
Thank u .. yes possibly an option but we are still considering the best financial option.. her home would be btwn 20 - 30 years old. Even though we POSSIBLY could move it.. the option of 1. Sell if for approx $150,000 - $180,000 2. Rent it for approx $280 pw I believe we can do this for 12 mths in every 3 years. Rent on her land is $160 approx pw atm. Or as you say move it to us but from my investigations so far our councul would make that lenghty and difficult or impossible. And if we did pursue this last option we would have an old 2brm relocatable on our land.. maybe the NEW cabin option would for around $25,000 would be better… but still dont think council would approve it
Are you registered with Centrelink etc as your mums carer or only fulfill that role as a wonderful caring & loving daughter?
If so with that legal standing I'd think the management and tribunal can't stop you from your duty as her official carer, you get the gist?
I'd check if as you say, the park changed from an over 55s only and relaxed the no kids rules etc, was the lease agreement renewed to reflect these changes. I'm thinking there would be a legal requirement for amendments to leases and perhaps a relaxation of the stay rules, don't just take the park managements word
Get a copy of the current leasing agreements and compare to your mums original, if the original has not been amended or shes not been notified of park changes then her original contract is null and void? as are the conditions
Also were these changes due to a change of park ownership, are the current managers new etc there might be new laws and agreements passed but management may be scamming for more rental extra nights money and not advising changes? Their actions may be to the letter of the law and within business profit making goals, but they are heartless bastards that need kicking in my opinion.
I really hope your mum lives forever and you can sort this without stress
Blessings
What does the lease say about extra people staying there?