Re-siting of mobile homeE+W+S
[F18.(1)The owner is entitled to require that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site or a pitch forming part of another protected site (“the other pitch”) if (and only if)—
(a)on the application of the owner, [F2the court][F2a tribunal] is satisfied that the other pitch is broadly comparable to the occupier’s original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period; or
(b)the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier’s original pitch.
F3(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)If the owner requires the occupier to station the mobile home on the other pitch so that the owner can replace, or carry out repairs to, the base on which the mobile home is stationed, the owner must if the occupier so requires, or [F2the court][F2a tribunal] on the application of the occupier so orders, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs.
(3)The owner must pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch.
(4)In this paragraph and in paragraph 11, “essential repair or emergency works” means—
(a)repairs to the base on which the mobile home is stationed;
(b)repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses;
(c)works or repairs needed to comply with any relevant legal requirements; or
(d)works or repairs in connection with restoration following flood, landslide or other natural disaster.]
Textual Amendments
F1Sch. 1 Pt. I Chs. 3, 4 inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003), art. 1(1), Sch. 1 para. 4 (with art. 1(3))
F2Word in Sch. 1 Pt. I Ch. 4 para. 8 substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(8)(d)
F3Sch. 1 Pt. I Ch. 4 para. 8(1A) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(m) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)