legal advice needed thanks
Posted: 10 June 2010 06:07 PM  
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I would appreciate it if anyone could help with this.
My partner lives on a mobile home site with our kids in Spain.They have lived there around 10 months and have had no problems until this week.the kids can be a bit noisy as kids are but their Mum always visits people who holiday at the site and ask that if the kids are making to much noise would they let her know so something can be done about it.
Until now everything has been fine the rent and bills are paid on time and then yesterday the site manager said that the kids and her were using the pool to much and the noise was I Quote “quite atrocious” he was rude to her as well.His wife saw my partner later and made an apology for his manner.
Today the owners have drawn up a timetable which affectively only lets the kids use the pool for 2 hours and adults 6 hours.when we signed the tenancy agreement there was no mention about pool times if there were we would of found somewhere else to live.
There has been no revision to the tenancy agreement so can they do this, as everybody pays the same ground rent.
Thanks in advance

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Posted: 10 June 2010 07:59 PM   [ # 1 ]  
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Without knowing the content of the agreement its impossible to state, but it is generally placed into an agreement that the terms can be changed and it usually explains the terms of that change with regards notice.

I would suggest taking the agreement to your legal peeps for advice,but you should have known what your rights are and that of the landlord before signing an agreement, if you did not know you should not have signed.

Courts don’t take pity once you have agreed and signed, to later claim you didn’t know either party could change the terms or impose clauses would not look good or stand up in court, a judge once told me naivity has no defence in law.

Having read the clause I would suggest that imposing a time restriction on using a community facility was harsh, but also beware the alternative may be your landlord giving you notice to leave.

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