Mobile Homes Act 1983

X1 [F4 Owner’s obligations E+W+S

Editorial Information

X1 The cross-heading "Owner’s obligations" inserted (S.) before Sch. 1 Pt. 1 para. 25 in the Scottish version of Sch. 1 Pt. 1 (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

Textual Amendments

F4 Sch. 1 Pt. 1 paras. 10-29 and cross-headings substituted for Sch. 1 Pt. 1 para. 10 and cross-heading (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(6) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(6) (with arts. 1(2)(3), 4)

22 E+W The owner shall—

(a) if requested by the occupier, and on payment by the occupier of a charge of not more than £30, provide accurate written details of—

(i) the size of the pitch and the base on which the mobile home is stationed; and

(ii) the location of the pitch and the base within the protected site;

and such details must include measurements between identifiable fixed points on the protected site and the pitch and the base;

(b) if requested by the occupier, provide (free of charge) documentary evidence in support and explanation of—

(i) any new pitch fee;

(ii) any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement; and

(iii) any other charges, costs or expenses payable by the occupier to the owner under the agreement;

(c) be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home;

(d) maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site;

(e) consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee; and

(f) consult a qualifying residents' association, if there is one, about all matters which relate to the operation and management of, or improvements to, the protected site and may affect the occupiers either directly or indirectly.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F7 22 (1) When determining the amount of the new pitch fee particular regard shall be had to— S

(a) any sums expended by the owner since the last review date on improvements—

(i) which are for the benefit of the occupiers of mobile homes on the protected site;

(ii) which were the subject of consultation in accordance with paragraph 25(e) and (f); and

(iii) to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the court, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

(b) any decrease in the amenity of the protected site or the facilities and services provided on that site since the last review date; and

(c) the effect of any enactment, other than an order made under paragraph 8(2), which has come into force since the last review date.

(2) When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home who has responded to the consultation, its occupier is to be taken to be the occupier whose name first appears on the agreement.

(3) In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.]

Extent Information

E5 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F7 Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

23 E+W The owner shall not do or cause to be done anything which may adversely affect the ability of the occupier to perform his obligations under paragraph 21(c) and (d) above.

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F7 23 (1) When determining the amount of the new pitch fee— S

(a) any costs incurred by the owner in connection with expanding the protected site shall not be taken into account; and

(b) there is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the retail prices index since the last review date, unless this would be unreasonable having regard to paragraph 22(1).

(2) In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.]

Extent Information

E6 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F7 Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

24 E+W For the purposes of paragraph 22(e) above, to “consult” the occupier means—

(a) to give the occupier at least 28 clear days' notice in writing of the proposed improvements which—

(i) describes the proposed improvements and how they will benefit the occupier in the long and short term;

(ii) details how the pitch fee may be affected when it is next reviewed; and

(iii) states when and where the occupier can make representations about the proposed improvements; and

(b) to take into account any representations made by the occupier about the proposed improvements, in accordance with paragraph (a)(iii), before undertaking them.

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

X2 [F7 24 S The occupier must—

(a) pay the pitch fee to the owner;

(b) pay to the owner all sums due under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner;

(c) keep the mobile home in a sound state of repair;

(d) maintain in a clean and tidy condition—

(i) the outside of the mobile home; and

(ii) the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home; and

(e) if requested by the owner, provide documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement.]

Extent Information

E7 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Editorial Information

X2 The cross-heading "Occupier’s obligations" inserted (S.) before Sch. 1 Pt. 1 para. 24 in the Scottish version of Sch. 1 Pt. 1 (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

Textual Amendments

F7 Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

25 E+W For the purposes of paragraph 22(f) above, to “consult” a qualifying residents' association means—

(a) to give the association at least 28 clear days' notice in writing of the matters referred to in paragraph 22(f) which—

(i) describes the matters and how they may affect the occupiers either directly or indirectly in the long and short term; and

(ii) states when and where the association can make representations about the matters; and

(b) to take into account any representations made by the association, in accordance with paragraph (a)(ii), before proceeding with the matters.

Extent Information

E4 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

X3 [F7 25 S The owner must—

(a) if requested by the occupier, provide, free of charge, documentary evidence in support and explanation of—

(i) any new pitch fee;

(ii) any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement; and

(iii) any other charges, costs or expenses payable by the occupier to the owner under the agreement;

(b) if requested by the occupier, provide, free of charge, a copy of the current public liability insurance certificate in respect of the protected site;

(c) be responsible for repairing, and where necessary renewing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home;

(d) maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site;

(e) consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee; and

(f) consult a qualifying residents’ association, if there is one, about all matters which relate to the operation and management of, or improvements to, the protected site and may affect the occupiers either directly or indirectly.]

Extent Information

E8 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Editorial Information

X3 The cross-heading "Owner’s obligations" inserted (S.) before Sch. 1 Pt. 1 para. 25 in the Scottish version of Sch. 1 Pt. 1 (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

Textual Amendments

F7 Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

[F5 25A (1) The document referred to in paragraph 17(2A) and (6A) must— E+W

(a) be in such form as the Secretary of State may by regulations prescribe,

(b) specify any percentage increase or decrease in the [F6 consumer prices index] calculated in accordance with paragraph 20(A1),

(c) explain the effect of paragraph 17,

(d) specify the matters to which the amount proposed for the new pitch fee is attributable,

(e) refer to the occupier's obligations in paragraph 21(c) to (e) and the owner's obligations in paragraph 22(c) and (d), and

(f) refer to the owner's obligations in paragraph 22(e) and (f) (as glossed by paragraphs 24 and 25).

(2) Regulations under this paragraph must be made by statutory instrument.

(3) The first regulations to be made under this paragraph are subject to annulment in pursuance of a resolution of either House of Parliament.

(4) But regulations made under any other provision of this Act which are subject to annulment in pursuance of a resolution of either House of Parliament may also contain regulations made under this paragraph.]]

Textual Amendments

F5 Sch. 1 Pt. 1 Ch. 2 para. 25A inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(6), 15(3) (with s. 11(7))

F6 Words in Sch. 1 Pt. 1 Ch. 2 para. 25A(1)(b) substituted (E.W.) (2.7.2023) by Mobile Homes (Pitch Fees) Act 2023 (c. 11), ss. 1(2)(a), 3(2) (with s. 2)