The Mobile Homes (Selling and Gifting) (Wales) Regulations 2014

Sale of mobile home: provision of information and documents to proposed occupier

3.—(1) The documents prescribed for the purposes of paragraph 11(2)(a) of Chapter 2 of Part 1 to Schedule 2 to the 2013 Act are —

(a) a copy of the agreement and written statement;

(b) where the agreement was assigned to the occupier, a copy of the instrument giving effect to that assignment;

(c) a copy of any pre-commencement rules for the site which are in force;

(d) a copy of any site rules for the site which are in force;

(e) documentary evidence of any charges relating to the mobile home or the site payable to the owner or a third party for gas, electricity, water, sewerage or other services, including details of when these charges are payable and when they are next due for review;

(f) documentary evidence of any other charges relating to the mobile home or the site payable to the owner or a third party, including charges for the use of a garage, parking space or outbuilding;

(g) a copy of any warranty for the mobile home which is still within its validity period and which is in the possession of the occupier; and

(h) a copy of any structural survey of the mobile home, base or pitch which has been commissioned by the occupier and carried out by a suitably qualified person in the 12 months prior to the date on which the documents are provided to the proposed occupier.

(2) Where the occupier is unable to provide any of the documents mentioned in paragraph (1), a written explanation as to why this is the case must be provided to the proposed occupier.

(3) The information prescribed for the purposes of paragraph 11(2)(b) of Chapter 2 of Part 1 of Schedule 2 to the 2013 Act is—

(a) the proposed sale price of the mobile home;

(b) details of the commission which would be payable by the proposed occupier by virtue of paragraph 9(4) or 10(8) of Chapter 2 of Part 1 of Schedule 2 to the 2013 Act (as the case may be);

(c) details of the pitch fee payable to the owner, including when it is payable and the next review date (“review date” has the meaning given to it in paragraph 1 of Chapter 1 of Part 1 of Schedule 2 to the 2013 Act);

(d) details of any arrears of pitch fees or of other charges payable under the agreement which are outstanding at the time the documents and information required by this regulation are provided to the proposed occupier, and details of any arrangements entered into with the owner for clearing any such arrears;

(e) the council tax valuation band applicable to the mobile home;

(f) the name of the owner and address at which notices may be served on the owner, provided this information has been supplied to the occupier in accordance with paragraph 24 of Chapter 2 of Part 1 of Schedule 2 to the 2013 Act or, where this address has not been supplied, any other known address of the owner;

(g) the name and address of the local authority in whose area the mobile home is situated;

(h) an explanation of the procedural requirements prescribed in regulations 9 and 10; and

(i) the date on which the agreement was made and, where the occupier was not one of the original parties to the agreement, the date on which the agreement was assigned to the occupier;

(j) where the agreement is not a new agreement, an explanation of the effect of paragraph 10(1) of Chapter 2 of Part 1 of Schedule 2 to the 2013 Act (and “new agreement” has the meaning given to it in paragraph 9(2) of that Chapter);

(k) a statement confirming that the occupier is the legal owner of the mobile home and is selling the mobile home with vacant possession and that there are no outstanding loans in relation to the mobile home; and

(l) details of any legal proceedings in respect of any matters relating to the mobile home, the agreement or the site to which the occupier is a party and which have been issued or commenced, but have not been disposed of or withdrawn, at the time the information is delivered or sent to the proposed occupier.

(4) The information must be provided in the form prescribed in Schedule 1, or in a form substantially to the same effect.