10(1)Where the agreement is not a new agreement, the occupier is entitled to sell the mobile home and assign the agreement without the approval of the owner if—E+W
(a)the occupier serves on the owner a notice (a “notice of proposed sale”) that the occupier proposes to sell the mobile home, and assign the agreement, to the person named in the notice (the “proposed occupier”), and
(b)the first or second condition is satisfied.
(2)The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of proposed sale (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a tribunal for an order preventing the occupier from selling the mobile home, and assigning the agreement, to the proposed occupier (a “refusal order”).
(3)The second condition is that—
(a)within the 21-day period—
(i)the owner applies to a tribunal for a refusal order, and
(ii)the occupier receives a notice of the application from the owner, and
(b)the tribunal rejects the application.
(4)If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of the application from the owner within that period—
(a)the application is to be treated as not having been made, and
(b)the first condition is accordingly to be treated as satisfied.
(5)A notice of proposed sale must include such information as may be prescribed in regulations made by the Welsh Ministers.
(6)A notice of proposed sale or notice of an application for a refusal order—
(a)must be in writing, and
(b)may be served by post.
(7)An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Welsh Ministers; and a notice of an application for a refusal order must specify the ground or grounds on which the application is made.
(8)The person to whom the mobile home is sold (“the new occupier”) is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Welsh Ministers.
(9)Except to the extent mentioned in sub-paragraph (8), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement.
(10)The Welsh Ministers may by regulations prescribe procedural requirements to be complied with by the owner, the occupier, a proposed occupier or the new occupier in connection with—
(a)the sale of the mobile home and assignment of the agreement, and
(b)the payment of commission by virtue of sub-paragraph (8).
Commencement Information
I1Sch. 2 para. 10 in force for specified purposes at 7.1.2014 by S.I. 2014/11, art. 2(b)