Mobile Homes Act 1983

Section 2.

SCHEDULE 1 E+W+S Agreements Under Act

Part I E+W+S Terms Implied by Act

Duration of agreement E+W+S

1 E+W+S Subject to paragraph 2 below, the right to station the mobile home on land forming part of the protected site shall subsist until the agreement is determined under paragraph 3, 4, 5 or 6 below.

2 (1) If the owner’s estate or interest is insufficient to enable him to grant the right for an indefinite period, the period for which the right subsists shall not extend beyond the date when the owner’s estate or interest determines. E+W+S

(2) If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists shall not extend beyond the date when the planning permission expires.

(3) If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account shall be taken of that change.

Termination by occupier E+W+S

3 E+W+S The occupier shall be entitled to terminate the agreement by notice in writing given to the owner not less than four weeks before the date on which it is to take effect.

Termination by owner E+W+S

4 E+W+S The owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the court—

(a) is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time; and

(b) considers it reasonable for the agreement to be terminated.

5 E+W+S The owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the court is satisfied that the occupier is not occupying the mobile home as his only or main residence.

6 (1) The owner shall be entitled to terminate the agreement at the end of a relevant period if, on the application of the owner, the court is satisfied that, having regard to its [F1 age and] condition, the mobile home— E+W+S

(a) is having a detrimental effect on the amenity of the site; or

(b) is likely to have such an effect before the end of the next relevant

period.

(2) In subparagraph (1) above “relevant period” means the period of five years beginning with the commencement of the agreement and each succeeding period of five years.

[F2 (3) Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—

(a) the court considers that, having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it, but

(b) it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it, and

(c) the occupier indicates that he intends to carry out those repairs.

(4) In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.

The repairs must be set out in the order.

(5) If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.]

Textual Amendments

F1 Words in Sch. 1 Pt. 1 para. 6 repealed (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(2)(a), 270(3)(a), Sch. 16 (with s. 207(6)(7))

F2 Sch. 1 Pt. 1 para. 6(3)-(5) inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(2)(b), 270(3)(a) (with s. 207(6)(7))

Recovery of overpayments by occupier E+W+S

7 E+W+S Where the agreement is terminated as mentioned in paragraph 3, 4, 5 or 6 above, the occupier shall be entitled to recover from the owner so much of any payment made by him in pursuance of the agreement as is attributable to a period beginning after the termination.

Sale of mobile home E+W+S

8 (1) The occupier shall be entitled to sell the mobile home, and to assign the agreement, to a person approved of by the owner, whose approval shall not be unreasonably withheld. E+W+S

[F3 (1A) The occupier may serve on the owner a request for the owner to approve a person for the purposes of sub-paragraph (1) above.

(1B) Where the owner receives such a request, he must, within the period of 28 days beginning with the date on which he received the request—

(a) approve the person, unless it is reasonable for him not to do so, and

(b) serve on the occupier notice of his decision whether or not to approve the person.

(1C) A notice under sub-paragraph (1B) above must specify—

(a) if the approval is given subject to conditions, the conditions, and

(b) if the approval is withheld, the reasons for withholding it.

(1D) The giving of approval subject to any condition that is not a reasonable condition does not satisfy the requirement in sub-paragraph (1B)(a) above.

(1E) If the owner fails to notify the occupier as required by sub-paragraphs (1B) and (1C) above, the occupier may apply to the court for an order declaring that the person is approved for the purposes of sub-paragraph (1) above; and the court may make such an order if it thinks fit.

(1F) It is for the owner—

(a) if he served a notice as mentioned in sub-paragraphs (1B) and (1C) and the question arises whether he served the notice within the required period of 28 days, to show that he did;

(b) if he gave his approval subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was;

(c) if he did not give his approval and the question arises whether it was reasonable for him not to do so, to show that it was reasonable.

(1G) A request or notice under this paragraph—

(a) must be in writing, and

(b) may be served by post.]

(2) Where the occupier sells the mobile home, and assigns the agreement, as mentioned in subparagraph (1) above, the owner shall be entitled to receive a commission on the sale at a rate not exceeding such rate as may be specified by an order made by [F4 the Secretary of State][F4 the appropriate national authority].

(3) An order under this paragraph—

(a) shall be made by statutory instrument which [F5 (if made by the Secretary of State)] shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b) may make different provision for different areas or for sales at different prices.

Textual Amendments

F3 Sch. 1 Pt. 1 para. 8(1A)-(1G) inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(3)(a), 270(3)(a) (with s. 207(6)(7))

F4 Words in Sch. 1 Pt. 1 para. 8(2) substituted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(3)(b), 270(3)(a) (with s. 207(6)(7))

F5 Words in Sch. 1 Pt. 1 para. 8(3)(a) inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(3)(c), 270(3)(a) (with s. 207(6)(7))

Gift of mobile home E+W+S

9 [F6 (1)] The occupier shall be entitled to give the mobile home, and to assign the agreement, to a member of his family approved by the owner, whose approval shall not be unreasonably withheld. E+W+S

[F7 (2) Sub-paragraphs (1A) to (1G) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph.]

Textual Amendments

F6 Sch. 1 Pt. 1 para. 9 renumbered as Sch. 1 Pt. 1 para. 9(1) (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(4), 270(3)(a) (with s. 207(6)(7))

F7 Sch. 1 Pt. 1 para. 9(2) inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(4), 270(3)(a) (with s. 207(6)(7))

Resiting of mobile home E+W+S

10 E+W+S If the owner is entitled to require that the occupier’s right to station the mobile home shall be exercisable for any period in relation to other land forming part of the protected site—

(a) that other land shall be broadly comparable to the land on which the occupier was originally entitled to station the mobile home; and

(b) all costs and expenses incurred in consequence of the requirement shall be paid by the owner.

Part II E+W+S Matters Concerning Which Terms May be Implied by Court

1 E+W+S The right of the occupier to quiet enjoyment or, in Scotland, undisturbed possession of the mobile home.

2 E+W+S The sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid.

3 E+W+S The review at yearly intervals of the sums so payable.

4 E+W+S The provision or improvement of services available on the protected site, and the use by the occupier of such services.

5 E+W+S The preservation of the amenity of the protected site.

6 E+W+S The maintenance and repair of the protected site by the owner, and the maintenance and repair of the mobile home by the occupier.

7 E+W+S Access by the owner to the land on which the occupier is entitled to station the mobile home.

[F8 Part 3 E+W Supplementary Provisions

Textual Amendments

F8 Sch. 1 Pt. 3 inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(5), 270(3)(a) (with s. 207(6)(7))

Duty to forward requests under paragraph 8 or 9 of Part 1 E+W

1 (1) This paragraph applies to— E+W

(a) a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) of Part 1 (see paragraph 8(1A)), or

(b) a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) of Part 1 (see paragraph 8(1A) as applied by paragraph 9(2)).

(2) If a person (“the recipient”) receives such a request and he—

(a) though not the owner, has an estate or interest in the protected site, and

(b) believes that another person is the owner (and that the other person has not received such a request),

the recipient owes a duty to the occupier to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient receives it.

(3) In paragraph 8(1B) of Part 1 of this Schedule (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above.

Action for breach of duty under paragraph 1 E+W

2 (1) A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty. E+W

(2) The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 of Part 1 of this Schedule, against a person bound by that term.]