SCHEDULE 1 Agreements Under Act
Part I Terms Implied by Act
CHAPTER 2Agreements 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
Termination by owner
F16
F2A1
This paragraph applies in relation to a protected site in Wales.
(1)
The owner shall be entitled to terminate the agreement F3at the end of a relevant periodF3forthwith if, on the application of the owner, the court is satisfied that, having regard to its F4... condition, the mobile home—
F6(b)
is likely to have such an effect before the end of the next relevant period.
F6(b)
the court considers it reasonable for the agreement to be terminated.
F7(2)
In subparagraph (1) above “relevant period” means the period of five years beginning with the commencement of the agreement and each succeeding period of five years.
F8(3)
Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—
(a)
the court considers that, having regard to the present condition of the mobile home, paragraph (a) F9... of that sub-paragraph applies to it, but
(b)
it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that F10would result in sub-paragraph (1)(a) not applying to it, and
(c)
the occupier indicates that he intends to carry out those repairs.
(4)
In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.
The repairs must be set out in the order.
(5)
If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.
F11(3)
Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—
(a)
the court considers that—
(i)
having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it; but
(ii)
it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it; and
(b)
the occupier indicates an intention to carry out those repairs.
(4)
In such a case the court may make an order setting out the repairs and adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.
(5)
If the court makes such an order, the application is not to be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.