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
[F1(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 [F2the Secretary of State][F2the 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.
Textual Amendments
F1Sch. 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))
F2Words 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))
F3Words 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))