SCHEDULES
SCHEDULE 1 Agreements Under Act
Part I Terms Implied by Act
Sale of mobile home
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.
F11A
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 F2the Secretary of StateF2the appropriate national authority.
3
An order under this paragraph—
a
shall be made by statutory instrument which F3(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.