Caravan Sites Act 1968

3 Protection of occupiers against eviction and harassment. E+W+S

(1) Subject to the provisions of this section, a person shall be guilty of an offence under this section—

(a) if, during the subsistence of a residential contract, he unlawfully deprives the occupier of his occupation on the protected site of any caravan which the occupier is entitled by the contract to station and occupy, or to occupy, as his residence thereon;

(b) if, after the expiration or determination of a residential contract, he enforces, otherwise than by proceedings in the court, any right to exclude the occupier from the protected site or from any such caravan, or to remove or exclude any such caravan from the site;

(c) if, whether during the subsistence or after the expiration or determination of a residential contract, with intent to cause the occupier—

(i) to abandon the occupation of the caravan or remove it from the site, or

(ii) to refrain from exercising any right or pursuing any remedy in respect thereof,

he does acts [F1 likely to interfere] with the peace or comfort of the occupier or persons residing with him, or persistently withdraws or withholds services or facilities reasonably required for the occupation of the caravan as a residence on the site.

[F2 (1A) Subject to the provisions of this section, the owner of a protected site or his agent shall be guilty of an offence under this section if, whether during the subsistence or after the expiration or determination of a residential contract—

(a) he does acts likely to interfere with the peace or comfort of the occupier or persons residing with him, or

(b) he persistently withdraws or withholds services or facilities reasonably required for the occupation of the caravan as a residence on the site,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to do any of the things mentioned in subsection (1)(c)(i) or (ii) of this section.

(1B) References in subsection (1A) of this section to the owner of a protected site include references to a person with an estate or interest in the site which is superior to that of the owner.]

(2) References in this section to the occupier include references to the person who was the occupier under a residential contract which has expired or been determined and, in the case of the death of the occupier (whether during the subsistence or after the expiration or determination of the contract), to any person then residing with the occupier being—

(a) the widow [F3 or widower [F3 , widower or surviving civil partner]] of the occupier; or

(b) in default of a widow [F3 or widower [F3 , widower or surviving civil partner]] so residing, any member of the occupier’s family.

(3) A person guilty of an offence under this section shall, without prejudice to any liability or remedy to which he may be subject in civil proceedings, [F4 be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months, or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.]

(4) In proceedings for an offence under paragraph (a) or (b) of subsection (1) of this section it shall be a defence to prove that the accused believed, and had reasonable cause to believe, that the occupier of the caravan had ceased to reside on the site.

[F5 (4A) In proceedings for an offence under subsection (1A) of this section it shall be a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question.]

(5) Nothing in this section applies to the exercise by any person of a right to take possession of a caravan of which he is the owner, other than a right conferred by or arising on the expiration or determination of a residential contract, or to anything done pursuant to the order of any court.

Textual Amendments

F1 Words in s. 3(1) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 210(2), 270(3)(a) (with s. 210(6))

F2 S. 3(1A)(1B) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 210(3), 270(3)(a) (with s. 210(6))

F3 Words in s. 3(2) substituted (E.W.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 8; S.I. 2005/3175, art. 2(1), Sch. 1

F4 S. 3(3)(a)(b) and words substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 210(4), 270(3)(a) (with s. 210(6)(7))

F5 S. 3(4A) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 210(5), 270(3)(a) (with s. 210(6))

Modifications etc. (not altering text)

C1 S. 3(3): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) (in relation to liability on first and subsequent convictions) applies (S.)

C2 S. 3(3): Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) s. 38 (increase of fines) and s. 46 (substitution of references to levels on the standard scale) apply (E.W.)