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SCHEDULES

SCHEDULE 1E+W+S Agreements Under Act

Part IE+W+S Terms Implied by Act

[F1CHAPTER 2E+W+SAgreements relating to pitches in England and Wales except pitches in England on local authority gypsy and traveller sites and county council gypsy and traveller sites ]

Textual Amendments

Sale of mobile homeE+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

[F2(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.

[F3(1C)The owner may not give his approval subject to conditions.]

[F4(1D)If the approval is withheld, the notice under sub-paragraph (1B) above must specify the reasons for withholding it.]

(1E)If the owner fails to notify the occupier as required by [F5sub-paragraph (1B) (and, if applicable, sub-paragraph (1D))] above, the occupier may apply to the [F6court][F6appropriate judicial body] for an order declaring that the person is approved for the purposes of sub-paragraph (1) above; and the [F6court][F6appropriate judicial body] may make such an order if it thinks fit.

(1F)It is for the owner—

(a)if he served a notice as mentioned in [F7sub-paragraph (1B) (and, if applicable, sub-paragraph (1D)] and the question arises whether he served the notice within the required period of 28 days, to show that he did;

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

[F9(1H)Subject to sub-paragraph (1I), an application to a tribunal under sub-paragraph (1E) by an occupier must be made—

(a)within the period of three months beginning with the day after the date on which the occupier receives notice of the owner’s decision under sub-paragraph (1B); or

(b)where the occupier receives no notice from the owner as required by sub-paragraph (1B), within the period of three months beginning with the date which is 29 days after the date upon which the occupier served the request under sub-paragraph (1A).

(1I)A tribunal may permit an application under sub-paragraph (1E) to be made to the tribunal after the applicable period specified in sub-paragraph (1H) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply before the end of that period and for any delay since then in applying for permission to make the application out of time.]

[F10(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)The owner must, within 28 days of receipt of the request—

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

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

(1C)An approval may be made subject to conditions.

(1D)But any such conditions must be—

(a)reasonable, and

(b)capable of being satisfied without varying or deleting any express term of the agreement.

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

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

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

(1F)The occupier may appeal to the court if—

(a)the owner fails to notify the occupier as required by sub-paragraphs (1B) and (1E) above;

(b)the owner decides not to approve the person; or

(c)the occupier is aggrieved by any condition imposed in an approval.

(1G)The court may determine such an appeal by—

(a)making an order declaring that the person is approved (subject to such conditions, if any, as may be specified in the order), or

(b)making such other order as it thinks fit.

(1H)It is for the owner—

(a)if the owner served a notice under sub-paragraph (1B) above and the question arises whether the notice was served within the required period of 28 days, to show that it was;

(b)if the owner gave approval subject to any condition and the question arises whether the condition falls within sub-paragraph (1D) above, to show that it does;

(c)if the owner withheld approval and the question arises whether it was reasonable for the owner to do so, to show that it was.

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

(a)must be in writing; and

(b)may be either delivered personally or sent 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 [F11the appropriate national authority][F12Scottish Ministers].

[F13(2A)Except to the extent mentioned in sub-paragraph (2) above, the owner may not require any payment to be made (whether to himself or otherwise) in connection with the sale of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (1) above.]

(3)An order under this paragraph—

(a)shall be made by statutory instrument which [F14(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

F2Sch. 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))

F10Sch. 1 Pt. 1 para. 8(1A)-(1I) inserted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 169(3)(a), 195(3) (with ss. 169(5)(6), 193); S.S.I. 2007/270, art. 3

F11Words 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))

F12Words in Sch. 1 Pt. 1 para. 8(2) substituted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 169(3)(b), 195(3) (with ss. 169(5), 193); S.S.I. 2007/270, art. 3

F14Words 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))