Mobile Homes Act 1983
1983 CHAPTER 34
An Act to make new provision in place of sections 1 to 6 of the Mobile Homes Act 1975.
[13th May 1983]
Be it enacted by the Queen’s most Excellent Majesty, by and with advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Particulars of agreements
(1) This Act applies to any agreement under which a person (“ the occupier ”) is entitled—
(a) to station a mobile home on land forming part of a protected site; and
(b) to occupy the mobile home as his only or main residence.
(2) Before making an agreement to which this Act applies, the owner of the protected site (“ the owner ”) shall give to the proposed occupier under the agreement a written statement which—
(a) specifies the names and addresses of the parties;
(b) includes particulars of the land on which the proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land;
(c) sets out the express terms to be contained in the agreement (including any site rules (see section 2C)) ;
(d) sets out the terms to be implied by section 2(1) below; and
(e) complies with such other requirements as may be prescribed by regulations made by the Secretary of State .
(3) The written statement required by subsection (2) above must be given—
(a) not later than 28 days before the date on which any agreement for the sale of the mobile home to the proposed occupier is made, or
(b) (if no such agreement is made before the making of the agreement to which this Act applies) not later than 28 days before the date on which the agreement to which this Act applies is made.
(4) But if the proposed occupier consents in writing to that statement being given to him by a date (“the chosen date”) which is less than 28 days before the date mentioned in subsection (3)(a) or (b) above, the statement must be given to him not later than the chosen date.
(5) If any express term other than a site rule (see section 2C) —
(a) is contained in an agreement to which this Act applies, but
(b) was not set out in a written statement given to the proposed occupier in accordance with subsections (2) to (4) above,
the term is unenforceable by the owner or any person within section 3(1) below.
This is subject to any order made by the appropriate judicial body under section 2(3) below.
(6) If the owner has failed to give the occupier a written statement in accordance with subsections (2) to (4) above, the occupier may, at any time after the making of the agreement, apply to the appropriate judicial body for an order requiring the owner—
(a) to give him a written statement which complies with paragraphs (a) to (e) of subsection (2) (read with any modifications necessary to reflect the fact that the agreement has been made), and
(b) to do so not later than such date as is specified in the order.
(7) A statement required to be given to a person under this section may be either delivered to him personally or sent to him by post.
(8) Any reference in this section to the making of an agreement to which this Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which this Act applies.
(8A) Subsections (3), (4) and (6) do not apply in relation to a person occupying or proposing to occupy a transit pitch ... on a local authority gypsy and traveller site or a county council gypsy and traveller site and in such cases, the reference in subsection (5) to subsections (2) to (4) is to be treated as a reference to subsection (2).
(8B) In subsection (8A) “county council gypsy and traveller site”, “local authority gypsy and traveller site” and “transit pitch” all have the same meanings as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to this Act.
(9) Regulations under this section—
(a) shall be made by statutory instrument;
(b) ... shall be subject to annulment in pursuance of a resolution of either House of Parliament; and
(c) may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
1 Particulars of agreements: Scotland
(1) This Act applies to any agreement under which a person (“ the occupier ”) is entitled—
(a) to station a mobile home on land forming part of a protected site; and
(b) to occupy the mobile home as the person's only or main residence.
(2) Before making an agreement to which this Act applies, the owner of the protected site (“ the owner ”) must give to the proposed occupier under the agreement a written statement which—
(a) specifies the names and addresses of the parties;
(b) includes particulars of the land on which the proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land;
(c) sets out the express terms to be contained in the agreement;
(d) sets out the terms to be implied by section 2(1) below; and
(e) complies with such other requirements as may be prescribed by regulations made by the Scottish Ministers.
(3) Where the owner is selling the mobile home to the proposed occupier, the written statement required by subsection (2) above must be given not later than 28 days before the earlier of—
(a) the date on which the agreement to which this Act applies is made; and
(b) the date on which any agreement for the sale of the mobile home to the proposed occupier is made.
(4) In any other case, the written statement required by subsection (2) above must be given not later than 28 days before the date on which the agreement to which this Act applies is made.
(5) But if the proposed occupier consents in writing to the written statement required by subsection (2) above being given by a date which is later than the date by which subsection (3) or (4) above would otherwise require it to be given, the statement must be given not later than that later date.
(6) If any express term—
(a) is contained in an agreement to which this Act applies; but
(b) was not set out in a written statement given to the proposed occupier in accordance with subsections (2) to (5) above,
the term is unenforceable by the owner or any person within section 3(1) below.
This subsection is subject to any order made by the court under section 2(3) below.
(7) If the owner has failed to give the occupier a written statement in accordance with subsections (2) to (5) above, the occupier may, at any time after the making of the agreement, apply to the court for an order requiring the owner—
(a) to give the occupier a written statement which complies with paragraphs (a) to (e) of subsection (2) above (read with any modifications necessary to reflect the fact that the agreement has been made); and
(b) to do so not later than such date as is specified in the order.
(8) A statement required to be given to a person under this section may be either delivered to the person personally or sent to the person by post.
(9) Any reference in this section to the making of an agreement to which this Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which this Act applies.
(10) Regulations under this section—
(a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament; and
(b) may make different provision with respect to different cases or descriptions of case.
2 Terms of agreements.
(1) In any agreement to which this Act applies there shall be implied the applicable terms set out in Part I of Schedule 1 to this Act; and this subsection shall have effect notwithstanding any express term of the agreement.
(2) The courtappropriate judicial body may, on the application of either party made within the relevant period , order that there shall be implied in the agreement terms concerning the matters mentioned in Part II of Schedule 1 to this Act.
(3) The appropriate judicial body may, on the application of either party made within the relevant period, make an order—
(a) varying or deleting any express term of the agreement other than a site rule (see section 2C) ;
(b) in the case of any express term to which section 1(6) above applies other than a site rule (see section 2C) , provide for the term to have full effect or to have such effect subject to any variation specified in the order.
(3A) In subsections (2) and (3) above “ the relevant period ” means the period beginning with the date on which the agreement is made and ending—
(a) six months after that date, or
(b) where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(6) above), six months after the date on which the statement is given;
and section 1(8) above applies for the purposes of this subsection as it applies for the purposes of section 1.
(3) The court may, on the application of either party made within the relevant period, make an order—
(a) varying or deleting any express term of the agreement;
(b) in the case of any express term to which section 1(6) above applies, provide for the term to have full effect or to have such effect subject to any variation specified in the order.
(3A) In subsections (2) and (3) above “ the relevant period ” means the period beginning with the date on which the agreement is made and ending—
(a) six months after that date; or
(b) where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(7) above), six months after the date on which the statement is given;
and section 1(9) above applies for the purposes of this subsection as it applies for the purposes of section 1.
(4) On an application under this section, the courtappropriate judicial body shall make such provision as the courtappropriate judicial body considers just and equitable in the circumstances.
(5) The supplementary provisions in Part 3 of Schedule 1 to this Act have effect for the purposes of paragraphs 8 and 9 of Chapter 2 of Part 1 of that Schedule.
(6) Subsections (2) to (4) do not apply in relation to a person occupying or proposing to occupy a transit pitch ... on a local authority gypsy and traveller site or a county council gypsy and traveller site.
(7) In subsection (6) “county council gypsy and traveller site”, “local authority gypsy and traveller site” and “transit pitch” all have the same meanings as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to this Act.
2A Power to amend implied terms
(1) The Secretary of State may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as the Secretary of State considers appropriate.
(2) An order under this section—
(a) shall be made by statutory instrument;
(b) may make different provision with respect to different cases or descriptions of case, including different provision for different areas;
(c) may contain such incidental, supplementary, consequential, transitional or saving provisions as the authority making the order considers appropriate.
(3) Without prejudice to the generality of subsections (1) and (2), an order under this section may—
(a) make provision for or in connection with the determination by the court or a tribunal of such questions, or the making by the court or a tribunal of such orders, as are specified in the order;
(b) make such amendments of any provision of this Act as the authority making the order considers appropriate in consequence of any amendment made by the order in Part 1 or 2 of Schedule 1.
(4) The first order made under this section in relation to England or Wales respectively may provide for all or any of its provisions to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day).
(5) No order may be made ... under this section unless the Secretary of State has consulted—
(a) such organisations as appear to the Secretary of State to be representative of interests substantially affected by the order; and
(b) such other persons as the Secretary of State considers appropriate.
(6) No order may be made ... under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
2B Power to amend implied terms: Scotland
(1) The Scottish Ministers may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as they consider appropriate.
(2) An order under this section—
(a) shall be made by statutory instrument;
(b) may make different provision with respect to different cases or descriptions of case;
(c) may contain such incidental, supplementary, consequential, transitional or saving provisions as the Scottish Ministers consider appropriate.
(3) Without prejudice to the generality of subsections (1) and (2), an order under this section may—
(a) make provision for or in connection with the determination by the court of such questions, or the making by the court of such orders, as are specified in the order;
(b) make such amendments of any provision of this Act as the Scottish Ministers consider appropriate in consequence of any amendment made by the order in Part 1 or 2 of Schedule 1.
(4) The first order made under this section may provide for all or any of its provisions to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day).
(5) No order may be made under this section unless the Scottish Ministers have consulted—
(a) such organisations as appear to them to be representative of interests substantially affected by the order; and
(b) such other persons as they consider appropriate.
(6) No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament.
2C Site rules
(1) In the case of a protected site , other than a gypsy and traveller site, for which there are site rules, each of the rules is to be an express term of each agreement to which this Act applies that relates to a pitch on the site (including an agreement made before commencement or one made before the making of the rules).
(2) The “site rules” for a protected site are rules made by the owner in accordance with such procedure as may be prescribed which relate to—
(a) the management and conduct of the site, or
(b) such other matters as may be prescribed.
(3) Any rules made by the owner before commencement which relate to a matter mentioned in subsection (2) cease to have effect at the end of such period beginning with commencement as may be prescribed.
(4) Site rules come into force at the end of such period beginning with the first consultation day as may be prescribed, if a copy of the rules is deposited with the local authority before the end of that period.
(5) Where a site rule is varied, the rule as varied comes into force at the end of such period beginning with the first consultation day as may be prescribed, if—
(a) the rule is varied in accordance with such procedure as may be prescribed, and
(b) a copy of the rule as varied is deposited with the local authority before the end of that period.
(6) Where a site rule is deleted, the deletion comes into force at the end of such period beginning with the first consultation day as may be prescribed, if—
(a) the rule is deleted in accordance with such procedure as may be prescribed, and
(b) notice of the deletion is deposited with the local authority before the end of that period.
(7) Regulations may provide that a site rule may not be made, varied or deleted unless a proposal to make, vary or delete the rule is notified to the occupiers of the site in question in accordance with the regulations.
(8) Regulations may provide that site rules, or rules such as are mentioned in subsection (3), are of no effect in so far as they make provision in relation to prescribed matters.
(9) Regulations may make provision as to the resolution of disputes—
(a) relating to a proposal to make, vary or delete a site rule;
(b) as to whether the making, variation or deletion of a site rule was in accordance with the applicable prescribed procedure;
(c) as to whether a deposit required to be made by virtue of subsection (4), (5) or (6) was made before the end of the relevant period.
(10) Provision under subsection (9) may confer functions on a tribunal.
(11) Regulations may—
(a) require a local authority to establish and keep up to date a register of site rules in respect of protected sites in its area;
(b) require a local authority to publish the up-to-date register;
(c) provide that any deposit required to be made by virtue of subsection (4), (5) or (6) must be accompanied by a fee of such amount as the local authority may determine.
2D Section 2C: supplementary provision
(1) This section applies for the purposes of section 2C.
(2) “ Commencement ” means the commencement of that section.
(3) “ First consultation day ” means the day on which a proposal made under regulations under subsection (7) of that section is notified to the occupiers of the site in accordance with the regulations.
(4) A reference to the local authority is a reference to the local authority in whose area the protected site in question is situated.
(5) A reference to a gypsy and traveller site is a reference to a county council gypsy and traveller site or a local authority gypsy and traveller site (each of which has the meaning given by paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1).
(6) “ Prescribed ” means prescribed in regulations; and the power to make regulations is exercisable by the Secretary of State.
(7) The regulations must be made by statutory instrument and may—
(a) make different provision for different cases or descriptions of case, including different provision for different areas;
(b) contain incidental, supplementary, transitional or saving provisions.
(8) The regulations are subject to annulment in pursuance of a resolution of either House of Parliament.
3 Successors in title
(1) An agreement to which this Act applies shall be binding on and enure for the benefit of any successor in title of the owner and any person claiming through or under the owner or any such successor.
(2) Where an agreement to which this Act applies is lawfully assigned to any person, the agreement shall enure for the benefit of and be binding on that person.
(3) Where a person entitled to the benefit of and bound by an agreement to which this Act applies dies at a time when he is occupying the mobile home as his only or main residence, the agreement shall enure for the benefit of and be binding on—
(a) any person residing with that person (“the deceased”) at that time being—
(i) the widow , widower or surviving civil partner of the deceased; or
(ii) in default of a widow , widower or surviving civil partner so residing, any member of the deceased’s family; or
(b) in default of any such person so residing, the person entitled to the mobile home by virtue of the deceased’s will or under the law relating to intestacy but subject to subsection (4) below.
(4) An agreement to which this Act applies shall not enure for the benefit of or be binding on a person by virtue of subsection (3)(b) above in so far as—
(a) it would, but for this subsection, enable or require that person to occupy the mobile home; or
(b) ... it includes terms implied by virtue of paragraph 5 , 8A, 8B or 9 of Chapter 2, or paragraph 5 of Chapter 4, of Part I of Schedule 1 to this Act ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Jurisdiction of a tribunal or the court ...
(1) In relation to a protected site ..., a tribunal has jurisdiction—
(a) to determine any question arising under this Act or any agreement to which it applies; and
(b) to entertain any proceedings brought under this Act or any such agreement,
subject to subsections (2) to (6).
(2) Subsection (1) applies in relation to a question irrespective of anything contained in an arbitration agreement which has been entered into before that question arose.
(3) In relation to a protected site ..., the court has jurisdiction—
(a) to determine any question arising by virtue of paragraph 4, 5 or 5A(2)(b) of Chapter 2, or paragraph 4, 5 or 6(1)(b) of Chapter 4, of Part 1 of Schedule 1 (termination by owner) under this Act or any agreement to which it applies; and
(b) to entertain any proceedings so arising brought under this Act or any such agreement,
subject to subsections (4) to (6).
(4) Subsection (5) applies if the owner and occupier have entered into an arbitration agreement before the question mentioned in subsection (3)(a) arises and the agreement applies to that question.
(5) A tribunal has jurisdiction to determine the question and entertain any proceedings arising instead of the court.
(6) Subsection (5) applies irrespective of anything contained in the arbitration agreement mentioned in subsection (4).
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Jurisdiction of the court.
The court shall have jurisdiction to determine any question arising under this Act or any agreement to which it applies, and to entertain any proceedings brought under this Act or any such agreement.
5 Interpretation.
(1) In this Act, unless the context otherwise requires—
“the appropriate judicial body” means whichever of the court or a tribunal has jurisdiction under section 4;
...
“arbitration agreement” means an agreement in writing to submit to arbitration any question arising under this Act or any agreement to which it applies;
“ the court ” means—
(a)in relation to England ..., the county court ... or, where the parties have entered into an arbitration agreement that applies to the question to be determined , the arbitrator;
(b)in relation to Scotland, the sheriff having jurisdiction where the protected site is situated or, where the parties have so agreed, the arbiter ;
“ local authority ” has the same meaning as in Part I of the Caravan Sites and Control of Development Act 1960;
“ mobile home ” has the same meaning as “caravan” has in that Part of that Act ;
“ owner ”, in relation to a protected site, means the person who, by virtue of an estate or interest held by him, is entitled to possession of the site or would be so entitled but for the rights of any persons to station mobile homes on land forming part of the site ;
“ planning permission ” means permission under Part III of the Town and Country Planning Act 1990 or Part III of the Town and Country Planning (Scotland) Act 1997 ;
“ protected site ” does not include any land occupied by a local authority as a caravan site providing accommodation for gipsies or, in Scotland, for persons to whom section 24(8A) of the Caravan Sites and Control of Development Act 1960 applies but, subject to that, has the same meaning as in Part I of the Caravan Sites Act 1968.
“a tribunal” means, where the parties have entered into an arbitration agreement that applies to the question to be determined and that question arose before the agreement was made, the arbitrator; or, in other cases—
(a)in relation to England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper; and
(b)in relation to Wales, a residential property tribunal
(2) In relation to an agreement to which this Act applies—
(a) any reference in this Act to the owner includes a reference to any person who is bound by and entitled to the benefit of the agreement by virtue of subsection (1) of section 3 above; and
(b) subject to subsection (4) of that section, any reference in this Act to the occupier includes a reference to any person who is entitled to the benefit of and bound by the agreement by virtue of subsection (2) or (3) of that section.
(3) A person is a member of another’s family within the meaning of this Act if he is his spouse, civil partner, parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece; treating—
(a) any relationship by marriage or civil partnership as a relationship by blood, any relationship of the half blood as a relationship of the whole blood and the stepchild of any person as his child; and
(b) an illegitimate person as the legitimate child of his mother and reputed father;
or if they live together as husband and wife or as if they were civil partners as if they were a married couple or civil partners .
(4) In relation to land in Scotland, any reference in this Act to an “estate or interest” shall be construed as a reference to a right in, or to, the land.
6 Short title, repeals, commencement and extent.
(1) This Act may be cited as the Mobile Homes Act 1983.
(2) The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(3) This Act shall come into force on the expiry of the period of one week beginning with the day on which it is passed.
(4) This Act does not extend to Northern Ireland.
SCHEDULES
Section 2.
SCHEDULE 1 Agreements Under Act
Part I Terms Implied by Act
CHAPTER 1 Application and interpretation
1. (1) The implied terms set out in Chapter 2 apply to all agreements which relate to a pitch ... except an agreement which relates to a pitch ... on a local authority gypsy and traveller site or a county council gypsy and traveller site.
(2) The implied terms set out in Chapter 3 apply to an agreement which relates to a transit pitch ... on a local authority gypsy and traveller site or a county council gypsy and traveller site.
(3) The implied terms set out in Chapter 4 apply to an agreement which relates to a permanent pitch ... on a local authority gypsy and traveller site or a county council gypsy and traveller site.
(4) In this Part of this Schedule—
“caravan site” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960,
“county council gypsy and traveller site” means any land which—
(a)is occupied by a county council as a caravan site providing accommodation for gypsies and travellers, and
(b)is a protected site,
“gypsies and travellers” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showpeople, or persons engaged in travelling circuses, travelling together as such,
“local authority gypsy and traveller site” means any land which—
(a)is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers, and
(b)is a protected site,
“permanent pitch” means a pitch which is not a transit pitch,
“pitch” means the land, forming part of a protected site and including any garden area, on which an occupier is entitled to station a mobile home under the terms of the agreement, and
“transit pitch” means a pitch on which a person is entitled to station a mobile home under the terms of the agreement for a fixed period of up to 3 months.
CHAPTER 2 Agreements relating to pitches ... except pitches ... on local authority gypsy and traveller sites and county council gypsy and traveller sites
Duration of agreement
1 Subject to paragraph 2 below, the right to station the mobile home on land forming part of the protected site shall subsist until the agreement is determined under paragraph 3, 4, 5 or 6 or 5A below.
1A (1) The right to station the mobile home under in paragraph 1 is not affected by—
(a) the expiry of a Part 1A site licence in accordance with section 32J(1)(b)(ii) of the 1960 Act,
(b) the refusal to issue or renew a Part 1A site licence under section 32D of the 1960 Act,
(c) the revocation of a Part 1A site licence under section 32L of the 1960 Act, or
(d) the expiry of a site licence in accordance with section 83(2) of the Housing (Scotland) Act 2014 (asp 14).
(2) Sub-paragraph (1) applies in relation to agreements that were made at any time before the day on which that sub-paragraph comes into force (as well as in relation to agreements made on or after that day).
(3) In this paragraph—
“ the 1960 Act ” means the Caravan Sites and Control of Development Act 1960 (c.62), and
“ Part 1A site licence ” has the same meaning as in section 32Z6 of the 1960 Act.
2 (1) If the owner’s estate or interest is insufficient to enable him to grant the right for an indefinite period, the period for which the right subsists shall not extend beyond the date when the owner’s estate or interest determines.
(2) If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists shall not extend beyond the date when the planning permission expires.
(3) If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account shall be taken of that change.
Termination by occupier
3 The occupier shall be entitled to terminate the agreement by notice in writing given to the owner not less than four weeks before the date on which it is to take effect.
Termination by owner
4 The owner shall be entitled to terminate the agreement forthwith at a date to be determined by the court if, on the application of the owner, the courtappropriate judicial body —
(a) is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time; and
(b) considers it reasonable for the agreement to be terminated.
5 The owner shall be entitled to terminate the agreement forthwith at a date to be determined by the court if, on the application of the owner, the courtappropriate judicial body —
is satisfied that the occupier is not occupying the mobile home as his only or main residence; and
considers it reasonable for the agreement to be terminated.
5A. (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The owner is entitled to terminate the agreement forthwith if—
(a) on the application of the owner, a tribunal has determined that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site; and
(b) then, on the application of the owner, the appropriate judicial body, having regard to the tribunal’s determination and to any other circumstances, considers it reasonable for the agreement to be terminated.
(3) Sub-paragraphs (4) and (5) apply if, on an application to the tribunal under sub-paragraph (2)(a)—
(a) the tribunal considers that, having regard to the present condition of the mobile home, it is having a detrimental effect on the amenity of the site, but
(b) it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in the mobile home not having that detrimental effect, and
(c) the occupier indicates to the tribunal that the occupier intends to carry out those repairs.
(4) In such a case, the tribunal may make an interim order—
(a) specifying the repairs that must be carried out and the time within which they must be carried out; and
(b) adjourning the proceedings on the application for such period specified in the interim order as the tribunal considers reasonable to enable the repairs to be carried out.
(5) If the tribunal makes an interim order under sub-paragraph (4), it must not make a determination under sub-paragraph (2)(a) unless it is satisfied that the specified period has expired without the repairs having been carried out.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 (1) The owner shall be entitled to terminate the agreement a date to be determined by the court if, on the application of the owner, the court is satisfied that, having regard to its ... condition, the mobile home—
(a) is having a detrimental effect on the amenity of the site ; and
(b) the court considers it reasonable for the agreement to be terminated.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) ... 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 sub-paragraph (1)(a) not 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.
Recovery of overpayments by occupier Repayment of sums paid by occupier on termination of agreement
7 Where the agreement is terminated as mentioned in paragraph 3, 4, 5 or 6 above, the occupier shall be entitled to recover from the owner so much of any payment made by him in pursuance of the agreement as is attributable to a period beginning after the termination.
7 Where the agreement is terminated as mentioned in paragraph 3, 4, 5 or 6, the owner must, within 2 months of the date of the termination, repay to the occupier so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the date of termination.
Sale of mobile home
7A (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where the agreement is a new agreement, the occupier is entitled to sell the mobile home and to assign the agreement to the person to whom the mobile home is sold (referred to in this paragraph as the “ new occupier ”) without the approval of the owner.
(3) In this paragraph and paragraph 7B, “ new agreement ” means an agreement—
(a) which was made after the commencement of this paragraph, or
(b) which was made before, but which has been assigned after, that commencement.
(4) The new occupier must, as soon as reasonably practicable, notify the owner of the completion of the sale and assignment of the agreement.
(5) The new occupier is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Secretary of State.
(6) Except to the extent mentioned in sub-paragraph (5), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement to the new occupier.
(7) The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with—
(a) the sale of the mobile home and assignment of the agreement;
(b) the payment of commission by virtue of sub-paragraph (5).
7B (1) Where the agreement is not a new agreement, the occupier is entitled to sell the mobile home and assign the agreement without the approval of the owner if—
(a) the occupier serves on the owner a notice (a “notice of proposed sale”) that the occupier proposes to sell the mobile home, and assign the agreement, to the person named in the notice (the “proposed occupier”), and
(b) the first or second condition is satisfied.
(2) The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of proposed sale (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a tribunal for an order preventing the occupier from selling the mobile home, and assigning the agreement, to the proposed occupier (a “refusal order”).
(3) The second condition is that—
(a) within the 21-day period—
(i) the owner applies to a tribunal for a refusal order, and
(ii) the occupier receives a notice of the application from the owner, and
(b) the tribunal rejects the application.
(4) If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of the application from the owner within that period—
(a) the application is to be treated as not having been made, and
(b) the first condition is accordingly to be treated as satisfied.
(5) A notice of proposed sale must include such information as may be prescribed in regulations made by the Secretary of State.
(6) A notice of proposed sale or notice of an application for a refusal order—
(a) must be in writing, and
(b) may be served by post.
(7) An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Secretary of State; and a notice of an application for a refusal order must specify the ground or grounds on which the application is made.
(8) The person to whom the mobile home is sold (“the new occupier”) is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Secretary of State.
(9) Except to the extent mentioned in sub-paragraph (8), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement.
(10) The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier, a proposed occupier or the new occupier in connection with—
(a) the sale of the mobile home and assignment of the agreement;
(b) the payment of commission by virtue of sub-paragraph (8).
7C (1) Regulations under paragraph 7A or 7B must be made by statutory instrument and may—
(a) make different provision for different cases or descriptions of case, including different provision for different areas or for sales at different prices;
(b) contain incidental, supplementary, transitional or saving provisions.
(2) Regulations under paragraph 7A or 7B are subject to annulment in pursuance of a resolution of either House of Parliament.
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 (A1) This paragraph applies to an agreement which relates to a pitch other than a pitch on—
(a) a local authority gypsy and traveller site; or
(b) a registered social landlord gypsy and traveller site.
(1) The occupier shall , subject to sub-paragraph (2A), be entitled to sell the mobile home, and to assign the agreement ....
(1A) The occupier is entitled to—
(a) market the occupier’s mobile home using the services of an agent; and
(b) display appropriate marking signs in, or on, the mobile home for these purposes.
(1B) The owner must allow any agent appointed by the occupier such reasonable access to the pitch as may be required for the purposes of—
(a) preparing a valuation of the mobile home and
(b) preparing or displaying marketing particulars.
(1C) Where the occupier intends to sell the mobile home and assign the agreement as mentioned in sub-paragraph (1), the occupier must, no later than 28 days before the date of the sale of the mobile home and assignation of the agreement, provide the purchaser with—
(a) a copy of the agreement;
(b) a copy of any site rules for the protected site on which the mobile home is stationed; and
(c) a forwarding address for the occupier.
(1D) But if the purchaser consents in writing to the documents and address being provided by a date (“the agreed date”) which is less than 28 days before the date of the sale and assignation of the agreement, the occupier must provide the documents and address to the purchaser no later than the agreed date.
(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 Scottish Ministers .
(2A) Neither the sale nor the assignation are to have any effect until the owner has received the commission mentioned in sub-paragraph (2).
(2B) Except to the extent mentioned in sub-paragraph (2), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home, and the assignation of the agreement.
(3) An order under this paragraph—
(a) shall be made by statutory instrument which 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.
Gift of mobile home
8A (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where the agreement is a new agreement (as defined by paragraph 7A(3)), provided that the occupier has supplied the owner with the relevant evidence, the occupier is entitled to give the mobile home, and to assign the agreement, to a member of the occupier's family (referred to in this paragraph as the “ new occupier ”) without the approval of the owner.
(3) The relevant evidence is—
(a) evidence, or evidence of a description, prescribed in regulations made by the Secretary of State that the person to whom the occupier proposes to give the mobile home, and to assign the agreement, is a member of the occupier's family, or
(b) any other satisfactory evidence that the person concerned is a member of the occupier's family.
(4) The new occupier must, as soon as reasonably practicable, notify the owner of the receipt of the mobile home and assignment of the agreement.
(5) The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (2).
(6) The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph (2).
8B (1) Where the agreement is not a new agreement (as defined by paragraph 7A(3)), the occupier is entitled to give the mobile home, and assign the agreement, to a member of the occupier's family (referred to in this paragraph as the “ proposed occupier ”) without the approval of the owner if—
(a) the occupier serves on the owner a notice (a “notice of proposed gift”) that the occupier proposes to give the mobile home to the proposed occupier, and
(b) the first or second condition is satisfied.
(2) The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of proposed gift (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a tribunal for an order preventing the occupier from giving the mobile home, and assigning the agreement, to the proposed occupier (a “refusal order”).
(3) The second condition is that—
(a) within the 21-day period—
(i) the owner applies to a tribunal for a refusal order, and
(ii) the occupier receives a notice of the application from the owner, and
(b) the tribunal rejects the application.
(4) If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of the application from the owner within that period—
(a) the application is to be treated as not having been made, and
(b) the first condition is accordingly to be treated as satisfied.
(5) A notice of proposed gift must include—
(a) the relevant evidence (as defined by paragraph 8A(3)), and
(b) such other information as may be prescribed in regulations made by the Secretary of State.
(6) A notice of proposed gift or notice of an application for a refusal order—
(a) must be in writing, and
(b) may be served by post.
(7) An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Secretary of State; and a notice of an application for a refusal order must specify the ground or grounds on which the application is made.
(8) The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (1).
(9) The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier, a proposed occupier or the person to whom the mobile home is given in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph (1).
8C (1) Regulations under paragraph 8A or 8B must be made by statutory instrument and may—
(a) make different provision for different cases or descriptions of case, including different provision for different areas;
(b) contain incidental, supplementary, transitional or saving provisions.
(2) Regulations under paragraph 8A or 8B are subject to annulment in pursuance of a resolution of either House of Parliament.
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 (1) This paragraph applies to an agreement which relates to a pitch other than a pitch on—
(a) a local authority gypsy and traveller site; or
(b) a registered social landlord gypsy and traveller site.
(2) Subject to sub-paragraph (5), the occupier is entitled to gift the mobile home, and to assign the agreement, to a member of the occupier’s family (the “new occupier”) without the approval of the owner.
(3) The occupier must, if requested by the owner, give the owner such evidence as the owner, acting reasonably, may require to confirm that the new occupier is a member of the occupier’s family.
(4) The new occupier must, as soon as practicable, notify the owner of the new occupier’s acceptance of the gift of the mobile home and assignation of the agreement.
(5) Neither the gift nor the assignation are to have any effect until the owner has received the evidence mentioned in sub-paragraph (3) and the notification required in sub-paragraph (4).
(6) The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignation of the agreement.
Re-siting of mobile home
10 (1) The owner shall be entitled to require that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site (“the other pitch”) if (and only if)—
(a) on the application of the owner, the appropriate judicial body is satisfied that the other pitch is broadly comparable to the occupier’s original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period; or
(b) the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier’s original pitch.
(2) If the owner requires the occupier to station the mobile home on the other pitch so that he can replace, or carry out repairs to, the base on which the mobile home is stationed, he must if the occupier so requires, or the appropriate judicial body on the application of the occupier so orders, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs.
(3) The owner shall pay all the costs and expenses incurred by the occupier in connection with his mobile home being moved to and from the other pitch.
(4) In this paragraph and in paragraph 13 below, “essential repair or emergency works” means—
(a) repairs to the base on which the mobile home is stationed;
(b) works or repairs needed to comply with any relevant legal requirements; or
(c) works or repairs in connection with restoration following flood, landslide or other natural disaster.
10 (1) The owner is entitled to require that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site (“the other pitch”) if (and only if)—
(a) on the application of the owner, the court is satisfied that—
(i) the other pitch is broadly comparable to the occupier’s original pitch; and
(ii) it is reasonable for the mobile home to be stationed on the other pitch for that period; or
(b) the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier’s original pitch.
(2) If the owner requires the occupier to station the mobile home on the pitch under sub-paragraph (1), the owner must, if the occupier so requires, secure that the mobile home is returned to the original pitch—
(a) where sub-paragraph (1)(a) applies, on the expiry of the period mentioned in sub-paragraph (1); or
(b) where sub-paragraph (1)(b) applies, on the completion of the essential repair or emergency works.
(3) Sub-paragraph (2) does not apply where the original pitch cannot be used as a pitch.
(4) The owner shall pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch.
Quiet enjoyment of the mobile home Undisturbed possession of the mobile home
11 The occupier shall be entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 10, 12, 13 and 14.
11 (1) The occupier is entitled to undisturbed possession of the mobile home together with the pitch during the continuance of the agreement.
(2) Sub-paragraph (1) is subject to paragraphs 10, 12, 13 and 14.
Owner’s right of entry to the pitch
12 The owner may enter the pitch without prior notice between the hours of 9 a.m. and 6 p.m.
(a) to deliver written communications, including post and notices, to the occupier; and
(b) to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.
13 The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.
14 Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in paragraph 12 or 13 only if he has given the occupier at least 14 clear days' written notice of the date, time and reason for his visit.
15 The rights conferred by paragraphs 12 to 14 above do not extend to the mobile home.
The pitch fee
16 The pitch fee can only be changed in accordance with paragraph 17, either—
(a) with the agreement of the occupier, or
(b) if the appropriate judicial body , on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee.
16 (1) Once reviewed, the pitch fee can only be changed at the relevant date.
(2) For the purposes of sub-paragraph (1) “the relevant date” is—
(a) where paragraph 17(1) applies the next review date;
(b) where paragraph 19(2) applies the 28th day after the date on which the owner served the notice under paragraph 19(1); or
(c) where paragraph 20(3)(b) applies the 28th day after the date of the court order determining the amount of the pitch fee.
17 (1) The pitch fee shall be reviewed annually as at the review date.
(2) At least 28 clear days before the review date the owner shall serve on the occupier a written notice setting out his proposals in respect of the new pitch fee.
(2A) A notice under sub-paragraph (2) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.
(3) If the occupier agrees to the proposed new pitch fee, it shall be payable as from the review date.
(4) If the occupier does not agree to the proposed new pitch fee—
(a) the owner ... the occupier may apply to the appropriate judicial body for an order under paragraph 16(b) determining the amount of the new pitch fee;
(b) the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the appropriate judicial body under paragraph 16(b); and
(c) the new pitch fee shall be payable as from the review date but the occupier shall not be treated as being in arrears until the 28 th day after the date on which the new pitch fee is agreed or, as the case may be, the 28 th day after the date of the appropriate judicial body order determining the amount of the new pitch fee.
(5) An application under sub-paragraph (4)(a) may be made at any time after the end of the period of 28 days beginning with the review date but ... no later than three months after the review date .
(6) Sub-paragraphs (7) to (10) apply if the owner—
(a) has not served the notice required by sub-paragraph (2) by the time by which it was required to be served, but
(b) at any time thereafter serves on the occupier a written notice setting out his proposals in respect of a new pitch fee.
(6A) A notice under sub-paragraph (6)(b) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.
(7) If (at any time) the occupier agrees to the proposed pitch fee, it shall be payable as from the 28 th day after the date on which the owner serves the notice under sub-paragraph (6)(b).
(8) If the occupier has not agreed to the proposed pitch fee—
(a) the owner or ... the occupier may apply to the appropriate judicial body for an order under paragraph 16(b) determining the amount of the new pitch fee;
(b) the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the appropriate judicial body under paragraph 16(b); and
(c) if the appropriate judicial body makes such an order, the new pitch fee shall be payable as from the 28 th day after the date on which the owner serves the notice under sub-paragraph (6)(b).
(9) An application under sub-paragraph (8) may be made at any time after the end of the period of 56 days beginning with date on which the owner serves the notice under sub-paragraph (6)(b) but ... no later than four months after the date on which the owner serves that notice .
(9A) A tribunal may permit an application under sub-paragraph (4)(a) or (8)(a) ... to be made to it outside the time limit specified in sub-paragraph (5) (in the case of an application under sub-paragraph (4)(a)) or in sub-paragraph (9) (in the case of an application under sub-paragraph (8)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.
(10) The occupier shall not be treated as being in arrears—
(a) where sub-paragraph (7) applies, until the 28 th day after the date on which the new pitch fee is agreed; or
(b) where sub-paragraph (8)(b) applies, until the 28 th day after the date on which the new pitch fee is agreed or, as the case may be, the 28 th day after the date of the appropriate judicial body order determining the amount of the new pitch fee.
(11) Sub-paragraph (12) applies if a tribunal, on the application of the occupier of a pitch ..., is satisfied that—
(a) a notice under sub-paragraph (2) or (6)(b) was of no effect as a result of sub-paragraph (2A) or (6A), but
(b) the occupier nonetheless paid the owner the pitch fee proposed in the notice.
(12) The tribunal may order the owner to pay the occupier, within the period of 21 days beginning with the date of the order, the difference between—
(a) the amount which the occupier was required to pay the owner for the period in question, and
(b) the amount which the occupier has paid the owner for that period.
17 (1) The pitch fee may be reviewed at the review date if, at least 28 clear days before that review date, the owner has served on the occupier a written notice setting out the owner’s proposal in respect of the new pitch fee.
(2) The notice referred to in sub-paragraph (1) must set out the services which the agreement provides that are included in the pitch fee proposed by the owner.
(3) If at any time the occupier agrees to the proposed pitch fee it shall be payable as from the review date.
(4) If the occupier does not agree to the proposed pitch fee the owner or the occupier may apply to the court for an order determining the amount of the new pitch fee.
(5) An application under sub-paragraph (4) may be made at any time after the end of the period of 28 days beginning with the review date.
18 (1) When determining the amount of the new pitch fee particular regard shall be had to—
(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 22(e) and (f) below; and
(iii) to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the appropriate judicial body , on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;
(aa) ... any deterioration in the condition, and any decrease in the amenity, of the site or any adjoining land which is occupied or controlled by the owner since the date on which this paragraph came into force (in so far as regard has not previously been had to that deterioration or decrease for the purposes of this sub-paragraph);
(ab) ... any reduction in the services that the owner supplies to the site, pitch or mobile home, and any deterioration in the quality of those services, since the date on which this paragraph came into force (in so far as regard has not previously been had to that reduction or deterioration for the purposes of this sub-paragraph);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ba) ... any direct effect on the costs payable by the owner in relation to the maintenance or management of the site of an enactment which has come into force since the last review date; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) But ... no regard shall be had, when determining the amount of the new pitch fee, to any costs incurred by the owner since the last review date for the purpose of compliance with the amendments made to this Act by the Mobile Homes Act 2013.
(2) When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(b)(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, 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.
18 (1) If the owner has not served a notice under paragraph 17(1) by the time by which it required to be served, the occupier can serve a notice (“a review request”) on the owner requesting the owner to serve a notice under paragraph 19(1).
(2) If the owner fails to serve a notice under paragraph 19(1) within the period of 28 days beginning with the date the occupier served the review request then the occupier may apply to the court for an order determining the amount of the new pitch fee.
19 (1) When determining the amount of the new pitch fee, any costs incurred by the owner in connection with expanding the protected site shall not be taken into account.
(2) ... When determining the amount of the new pitch fee, no regard may be had to any costs incurred by the owner in relation to the conduct of proceedings under this Act or the agreement.
(3) When when determining the amount of the new pitch fee, no regard may be had to any fee required to be paid by the owner by virtue of—
(a) section 8(1B) of the Caravan Sites and Control of Development Act 1960 (fee for application for site licence conditions to be altered);
(b) section 10(1A) of that Act (fee for application for consent to transfer site licence).
(4) When determining the amount of the new pitch fee, no regard may be had to any costs incurred by the owner in connection with—
(a) any action taken by a local authority under sections 9A to 9I of the Caravan Sites and Control of Development Act 1960 (breach of licence condition, emergency action etc. );
(b) the owner being convicted of an offence under section 9B of that Act (failure to comply with compliance notice).
19 (1) The pitch fee may be reviewed at a date after the review date if the owner serves on the occupier a written notice setting out the owner’s proposals in respect of a new pitch fee.
(2) If at any time the occupier agrees to the proposed pitch fee, it shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (1).
(3) If the occupier does not agree to the proposed pitch fee the owner or the occupier may apply to the court for an order determining the amount of the new pitch fee.
(4) An application under sub-paragraph (3) may be made at any time after the end of the period of 56 days beginning with the date on which the owner serves the notice under sub-paragraph (1).
20 (A1) Unless this would be unreasonable having regard to paragraph 18(1), 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 consumer prices index calculated by reference only to—
(a) the latest index, and
(b) the index published for the month which was 12 months before that to which the latest index relates.
(A2) In sub-paragraph (A1), “the latest index”—
(a) in a case where the owner serves a notice under paragraph 17(2), means the last index published before the day on which that notice is served;
(b) in a case where the owner serves a notice under paragraph 17(6), means the last index published before the day by which the owner was required to serve a notice under paragraph 17(2).
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Paragraph 18(3) above applies for the purposes of this paragraph as it applies for the purposes of paragraph 18.
20 (1) Where an application is made to the court under paragraphs 17(4), 18(2) or 19(3), the court shall, if the court considers it reasonable for the pitch fee to be changed, make an order determining the amount of the new pitch fee.
(2) The occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the court.
(3) If the court makes such an order, the new pitch fee shall be payable—
(a) where the application was made under paragraph 17(4), as from the review date;
(b) where the application was made under paragraphs 18(2) or 19(3), as from the 28th day after the date of the court order determining the amount of the pitch fee.
Occupier’s obligations
21 The occupier shall—
(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—
(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,
in a clean and tidy condition; and
(e) if requested by the owner, provide him with documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement.
21 The occupier shall not be treated as being in arrears—
(a) where either paragraph 17(3) or 19(2) applies, until the 28th day after the date on which the new pitch fee is agreed; or
(b) where paragraph 20(3) applies until the 28th day after the date of the court order determining the amount of the new pitch fee.
Owner’s obligations
22 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.
22 (1) When determining the amount of the new pitch fee particular regard shall be had to—
(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.
23 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.
23 (1) When determining the amount of the new pitch fee—
(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.
24 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.
24 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.
25 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.
25 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.
25A (1) The document referred to in paragraph 17(2A) and (6A) must—
(a) be in such form as the Secretary of State may by regulations prescribe,
(b) specify any percentage increase or decrease in the 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.
Owner’s name and address
26 (1) The owner shall by notice inform the occupier and any qualifying residents' association of the address in England or Wales at which notices (including notices of proceedings) may be served on him by the occupier or a qualifying residents' association.
(2) If the owner fails to comply with sub-paragraph (1), then (subject to sub-paragraph (5) below) any amount otherwise due from the occupier to the owner in respect of the pitch fee shall be treated for all purposes as not being due from the occupier to the owner at any time before the owner does so comply.
(3) Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents' association, the notice must contain the following information—
(a) the name and address of the owner; and
(b) if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner.
(4) Subject to sub-paragraph (5) below, where—
(a) the occupier or a qualifying residents' association receives such a notice, but
(b) it does not contain the information required to be contained in it by virtue of sub-paragraph (3) above,
the notice shall be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.
(5) An amount or notice within sub-paragraph (2) or (4) (as the case may be) shall not be treated as mentioned in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.
(6) Nothing in sub-paragraphs (3) to (5) applies to any notice containing a demand to which paragraph 27(1) below applies.
26 The owner must not do or cause to be done anything which may adversely affect the ability of the occupier to perform the occupier’s obligations under paragraph 24(c) and (d).
27 (1) Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain—
(a) the name and address of the owner; and
(b) if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner.
(2) Subject to sub-paragraph (3) below, where—
(a) the occupier receives such a demand, but
(b) it does not contain the information required to be contained in it by virtue of sub-paragraph (1),
the amount demanded shall be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.
(3) The amount demanded shall not be so treated in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.
27 For the purposes of paragraph 25(e), to “consult the occupier” means—
(a) to give the occupier at least 28 clear days’ notice in writing of—
(i) the proposed improvements and how they will benefit the occupier in the long and short term;
(ii) how the pitch fee may be affected when it is next reviewed; and
(iii) 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.
Qualifying residents' association
28 (1) A residents' association is a qualifying residents' association in relation to a protected site if—
(a) it is an association representing the occupiers of mobile homes on that site;
(b) at least 50 per cent. of the occupiers of the mobile homes on that site are members of the association;
(c) it is independent from the owner, who together with any agent or employee of his is excluded from membership;
(d) subject to paragraph(c) above, membership is open to all occupiers who own a mobile home on that site;
(e) it maintains a list of members which is open to public inspection together with the rules and constitution of the residents' association;
(f) it has a chairman, secretary and treasurer who are elected by and from among the members;
(g) with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each mobile home; and
(h) the owner has acknowledged in writing to the secretary that the association is a qualifying residents' association, or, in default of this, the appropriate judicial body has so ordered.
(2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b) above, each mobile home shall be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.
28 For the purposes of paragraph 25(f), to “consult a qualifying residents’ association” means—
(a) to give the association at least 28 clear days’ notice in writing of—
(i) the matters mentioned in paragraph 25(f) and how they may affect the occupiers either directly or indirectly in the long and short term; and
(ii) 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.
Interpretation Owner’s name and address
29 In this Chapter —
...
“ consumer prices index ” means the general index for consumer prices published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board;
“ pitch fee ” means the amount which the occupier is required by the agreement to pay to the owner for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water and sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts;
...
“ review date ” means the date specified in the written statement as the date on which the pitch fee will be reviewed in each year, or if no such date is specified, each anniversary of the date the agreement commenced; and
“ written statement ” means the written statement that the owner of the protected site is required to give to the occupier by section 1(2) of this Act.
29 (1) The owner must, by notice, inform the occupier and any qualifying residents’ association of the address in Scotland at which notices (including notices of proceedings) may be served on the owner by the occupier or association.
(2) If the owner fails to comply with sub-paragraph (1), then (subject to sub-paragraph (5)) any amount otherwise due from the occupier to the owner in respect of the pitch fee shall be treated for all purposes as not being due at any time before the owner does so comply.
(3) Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents’ association, the notice must contain the following information—
(a) the name and address of the owner; and
(b) if that address is not in Scotland, an address in Scotland at which notices (including notices of proceedings) may be served on the owner.
(4) Subject to sub-paragraph (5), where—
(a) the occupier or a qualifying residents’ association receives a written notice, but
(b) it does not contain the information required by sub-paragraph (3),
the notice shall be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.
(5) An amount or notice within sub-paragraph (2) or (4) (as the case may be) shall not be treated as mentioned in that sub-paragraph in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.
(6) Nothing in sub-paragraphs (3) to (5) applies to any notice containing a demand to which paragraph 30(1) applies.
30. (1) Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain—
(a) the name and address of the owner; and
(b) if that address is not in Scotland, an address in Scotland at which notices (including notices of proceedings) may be served on the owner.
(2) Subject to sub-paragraph (3), where—
(a) the occupier receives such a demand; but
(b) it does not contain the information required by sub-paragraph (1),
the amount demanded shall be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.
(3) The amount demanded shall not be treated as mentioned in sub-paragraph (2) in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.
Qualifying residents’ association
31. (1) A residents’ association is a qualifying residents’ association in relation to a protected site if—
(a) it represents the occupiers of mobile homes on the site;
(b) at least 50% of the occupiers of the mobile homes on the site are members of the association;
(c) it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;
(d) subject to paragraph (c), membership is open to all occupiers who own a mobile home on that site;
(e) it maintains a list of members which is open to public inspection together with the rules and constitution of the association;
(f) it has a chairman, secretary and treasurer who are elected by and from the members; and
(g) with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote exercisable by the occupier for each mobile home.
(2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b) and determining who shall exercise the vote in relation to sub-paragraph (1)(g), each mobile home shall be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home who is a member of the association or who exercises any vote, its occupier is to be taken to be the occupier whose name first appears on the agreement.
Interpretation
32. In this Schedule—
“caravan site” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960;
“essential repair or emergency works” means—
(a)repairs to or replacement of the base on which the mobile home is stationed;
(b)repairs or works needed to comply with any relevant legal requirements; or
(c)repairs or works in connection with restoration following flood, landslide or other natural disaster;
“gypsies and travellers” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling show people or persons engaged in travelling circuses, travelling together as such;
“local authority gypsy and traveller site” means any land which—
(a)is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers; and
(b)is a protected site;
“pitch” means the land, forming part of the protected site and including any garden area, on which the occupier is entitled to station the mobile home under the terms of the agreement;
“pitch fee” means the amount which the occupier is required by the agreement to pay to the owner for—
(a)the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance; and
(b)water and sewerage services, unless the same are specifically excluded from forming part of the pitch fee by the agreement;
but the pitch fee does not include amounts due in respect of gas, electricity or other services, unless the agreement expressly provides that the pitch fee includes such amounts;
“registered social landlord” means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010;
“registered social landlord gypsy and traveller site” means any land which—
(a)is occupied by a registered social landlord as a caravan site providing accommodation for gypsies and travellers; and
(b)is a protected site;
“retail prices index” means the general index (for all items) published by the Office for National Statistics or, if that index is not published for a relevant month, any substituted index or index figures published by that Office;
“review date” means the date specified in the written statement as the date on which the pitch fee will be reviewed in each year, or if no such date is specified, each anniversary of the date the agreement commenced; and
“written statement” means the written statement that the owner of the protected site is required to give to the occupier by section 1(2) of this Act.
CHAPTER 3 Agreements relating to transit pitches ... on a local authority gypsy and traveller site or a county council gypsy and traveller site
Duration of agreement
1. Subject to paragraph 2, the right to station the mobile home on the transit pitch subsists until the fixed period set out in the agreement expires or termination of the agreement under paragraph 3 or 4, whichever is sooner.
2. (1) If the owner’s estate or interest is insufficient to enable the owner to grant the right for the fixed period set out in the agreement, the period for which the right subsists does not extend beyond the date when the owner’s estate or interest determines.
(2) If planning permission for the use of the protected site as a site for mobile homes has been granted in such terms that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires.
(3) If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it requires the owner to limit the duration of stay for mobile homes on the site, the period for which the right subsists does not extend beyond that duration.
Early termination by occupier
3. The occupier may terminate the agreement before the expiry of the fixed period set out in the agreement by giving written notice to the owner.
Early termination by owner
4. The owner may terminate the agreement before the expiry of the fixed period set out in the agreement—
(a) without being required to show any reason, by giving written notice not less than four weeks before the date on which that notice is to take effect, or
(b) forthwith, where—
(i) the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time, and
(ii) the owner considers it reasonable for the agreement to be terminated.
Recovery of overpayments by occupier
5. Where the agreement is terminated as mentioned in paragraph 3 or 4, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination.
Quiet enjoyment of the mobile home
6. The occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 7, 8 and 9.
Owner’s right of entry to the pitch
7. The owner may enter the pitch without prior notice between the hours of 9am and 6pm—
(a) to deliver written communications, including post and notices, to the occupier; and
(b) to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.
8. (1) The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.
(2) In this paragraph, “essential repair or emergency works” means—
(a) repairs to the base on which the mobile home is stationed;
(b) repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses;
(c) works or repairs needed to comply with any relevant legal requirements; or
(d) works or repairs in connection with restoration following flood, landslide or other natural disaster.
9. Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in paragraph 7 or 8 only if the owner has given the occupier at least 14 clear days’ written notice of the date, time and reason for the owner’s visit.
10. The rights conferred by paragraphs 7 to 9 do not extend to the mobile home.
Owner’s name and address
11. (1) The owner must by notice inform the occupier of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier.
(2) If the owner fails to comply with sub-paragraph (1), then any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner does so comply.
(3) Where in accordance with the agreement the owner gives any written notice to the occupier the notice must contain the name and address of the owner.
(4) Where—
(a) the occupier receives such a notice, but
(b) it does not contain the information required to be contained in it by virtue of sub-paragraph (3),
the notice is to be treated as not having been given until such time as the owner gives the information to the occupier in respect of the notice.
(5) Nothing in sub-paragraphs (3) and (4) applies to any notice containing a demand to which paragraph 12(1) applies.
12. (1) Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain the name and address of the owner.
(2) Where—
(a) the occupier receives such a demand, but
(b) it does not contain the information required to be contained in it by virtue of sub-paragraph (1),
the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.
Interpretation
13. In this Chapter, “pitch fee” means the amount which the occupier is required by the agreement to pay to the owner for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water, sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts.
CHAPTER 4 Agreements relating to permanent pitches ... on a local authority gypsy and traveller site or a county council gypsy and traveller site
Duration of agreement
1. Subject to paragraph 2, the right to station the mobile home on land forming part of the protected site subsists until the agreement is determined under paragraph 3, 4, 5 or 6.
2. (1) If the owner’s estate or interest is insufficient to enable the owner to grant the right for an indefinite period, the period for which the right subsists does not extend beyond the date when the owner’s estate or interest determines.
(2) If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires.
(3) If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account is to be taken of that change.
Termination by occupier
3. The occupier is entitled to terminate the agreement by notice in writing given to the owner not less than four weeks before the date on which it is to take effect.
Termination by owner
4. The owner is entitled to terminate the agreement forthwith if, on the application of the owner, the courtappropriate judicial body —
(a) is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time; and
(b) considers it reasonable for the agreement to be terminated.
5. The owner is entitled to terminate the agreement forthwith if, on the application of the owner, the courtappropriate judicial body —
(a) is satisfied that the occupier is not occupying the mobile home as the occupier’s only or main residence; and
(b) considers it reasonable for the agreement to be terminated.
6. (1) The owner is entitled to terminate the agreement forthwith if—
(a) on the application of the owner, the court a tribunal has determined that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site, and
(b) then, on the application of the owner, the courtappropriate judicial body , having regard to its determination the tribunal’s determination and to any other circumstances, considers it reasonable for the agreement to be terminated.
(2) Sub-paragraphs (3) and (4) apply if, on an application to the courttribunal under sub-paragraph (1)(a)—
(a) the courttribunal considers that, having regard to the present condition of the mobile home, it is having a detrimental effect on the amenity of the site, but
(b) it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in the mobile home not having that detrimental effect, and
(c) the occupier indicates to the courttribunal that the occupier intends to carry out those repairs.
(3) In such a case the courttribunal may make an interim order—
(a) specifying the repairs that must be carried out and the time within which they must be carried out, and
(b) adjourning the proceedings on the application for such period specified in the interim order as the courttribunal considers reasonable to enable the repairs to be carried out.
(4) If the courttribunal makes an interim order under sub-paragraph (3), it must not make a determination under sub-paragraph (1)(a) unless it is satisfied that the specified period has expired without the repairs having been carried out.
Assignment of agreement in Wales
6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application in relation to assignment in Wales
6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of overpayments by occupier
7. Where the agreement is terminated as mentioned in paragraph 3, 4, 5 or 6, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination.
Re-siting of mobile home
8. (1) The owner is entitled to require that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site or a pitch forming part of another protected site (“the other pitch”) if (and only if)—
(a) on the application of the owner, the court a tribunal is satisfied that the other pitch is broadly comparable to the occupier’s original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period; or
(b) the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier’s original pitch.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) If the owner requires the occupier to station the mobile home on the other pitch so that the owner can replace, or carry out repairs to, the base on which the mobile home is stationed, the owner must if the occupier so requires, or the court a tribunal on the application of the occupier so orders, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs.
(3) The owner must pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch.
(4) In this paragraph and in paragraph 11, “essential repair or emergency works” means—
(a) repairs to the base on which the mobile home is stationed;
(b) repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses;
(c) works or repairs needed to comply with any relevant legal requirements; or
(d) works or repairs in connection with restoration following flood, landslide or other natural disaster.
Quiet enjoyment of the mobile home
9. The occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 8, 10, 11 and 12.
Owner’s right of entry to the pitch
10. The owner may enter the pitch without prior notice between the hours of 9am and 6pm—
(a) to deliver written communications, including post and notices, to the occupier; and
(b) to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.
11. The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.
12. Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in paragraph 10 or 11 only if the owner has given the occupier at least 14 clear days’ written notice of the date, time and reason for the owner’s visit.
13. The rights conferred by paragraphs 10 to 12 do not extend to the mobile home.
The pitch fee
14. The pitch fee can only be changed in accordance with paragraph 15, either—
(a) with the agreement of the occupier, or
(b) if the court a tribunal , on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee.
15. (1) The pitch fee will be reviewed annually as at the review date.
(2) At least 28 clear days before the review date the owner must serve on the occupier a written notice setting out the owner’s proposals in respect of the new pitch fee.
(3) If the occupier agrees to the proposed new pitch fee, it is payable as from the review date.
(4) If the occupier does not agree to the proposed new pitch fee—
(a) the owner may apply to the court a tribunal for an order under paragraph 14(b) determining the amount of the new pitch fee;
(b) the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the court a tribunal under paragraph 14(b); and
(c) the new pitch fee is payable as from the review date but the occupier is not to be treated as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the court a tribunal order determining the amount of the new pitch fee.
(5) An application under sub-paragraph (4)(a) may be made at any time after the end of the period of 28 days beginning with the review date but no later than three months after the review date.
(6) Sub-paragraphs (7) to (11) apply if the owner—
(a) has not served the notice required by sub-paragraph (2) by the time by which it was required to be served, but
(b) at any time thereafter serves on the occupier a written notice setting out the owner’s proposals in respect of a new pitch fee.
(7) If (at any time) the occupier agrees to the proposed pitch fee, it is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).
(8) If the occupier has not agreed to the proposed pitch fee—
(a) the owner may apply to the court a tribunal for an order under paragraph 14(b) determining the amount of the new pitch fee;
(b) the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the court a tribunal under paragraph 14(b); and
(c) if the court a tribunal makes such an order, the new pitch fee is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).
(9) An application under sub-paragraph (8) may be made at any time after the end of the period of 56 days beginning with the date on which the owner serves the notice under sub-paragraph (6)(b) but no later than four months after the date on which the owner serves that notice.
(10) The court A tribunal may permit an application under sub-paragraph (4)(a) or (8)(a) to be made to it outside the time limit specified in sub-paragraph (5) (in the case of an application under sub-paragraph (4)(a)) or in sub-paragraph (9) (in the case of an application under sub-paragraph (8)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.
(11) The occupier is not to be treated as being in arrears—
(a) where sub-paragraph (7) applies, until the 28th day after the date on which the new pitch fee is agreed; or
(b) where sub-paragraph (8)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the court a tribunal order determining the amount of the new pitch fee.
16. (1) When determining the amount of the new pitch fee particular regard must be had to—
(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 20(f) and (g); and
(iii) to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the court a tribunal , 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 since the last review date; and
(c) the effect of any enactment 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, its occupier is to be taken to be the occupier whose name first appears on the agreement.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
17. When determining the amount of the new pitch fee no regard may be had to—
(a) any costs incurred by the owner in connection with expanding the protected site, or
(b) any costs incurred by the owner in relation to the conduct of proceedings under this Act or the agreement.
18. (1) There is a presumption that the pitch fee will increase or decrease by a percentage which is no more than any percentage increase or decrease in the retail prices indexconsumer prices index since the last review date, unless this would be unreasonable having regard to paragraph 16(1).
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Paragraph 16(3) applies for the purposes of this paragraph as it applies for the purposes of paragraph 16.
Occupier’s obligations
19. 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—
(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,
in a clean and tidy condition; and
(e) if requested by the owner, provide the owner with documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement.
Owner’s obligations
20. The owner must—
(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) be responsible for repairing other amenities provided by the owner on the pitch including any outhouses and facilities provided;
(e) 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;
(f) 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
(g) 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.
21. The owner must not do or cause to be done anything which may adversely affect the ability of the occupier to perform the occupier’s obligations under paragraph 19(c) and (d).
22. For the purposes of paragraph 20(f), 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.
23. For the purposes of paragraph 20(g), 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 20(g) 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.
Owner’s name and address
24. (1) The owner must by notice inform the occupier and any qualifying residents’ association of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier or a qualifying residents’ association.
(2) If the owner fails to comply with sub-paragraph (1), then any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner does so comply.
(3) Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents’ association, the notice must contain the name and address of the owner.
(4) Where—
(a) the occupier or a qualifying residents’ association receives such a notice, but
(b) it does not contain the information required to be contained in it by virtue of sub-paragraph (3),
the notice is to be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.
(5) Nothing in sub-paragraphs (3) and (4) applies to any notice containing a demand to which paragraph 25(1) applies.
25. (1) Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain the name and address of the owner.
(2) Where—
(a) the occupier receives such a demand, but
(b) it does not contain the information required to be contained in it by virtue of sub-paragraph (1),
the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.
Qualifying residents’ association
26. (1) A residents’ association is a qualifying residents’ association in relation to a protected site if—
(a) it is an association representing the occupiers of mobile homes on that site;
(b) at least 50 per cent of the occupiers of the mobile homes on that site are members of the association;
(c) it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;
(d) subject to paragraph (c), membership is open to all occupiers who own a mobile home on that site;
(e) it maintains a list of members which is open to public inspection together with the rules and constitution of the residents’ association;
(f) it has a chair, secretary and treasurer who are elected by and from among the members;
(g) with the exception of administrative decisions taken by the chair, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each mobile home; and
(h) the owner has acknowledged in writing to the secretary that the association is a qualifying residents’ association, or, in default of this, the court a tribunal has so ordered.
(2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b), 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, its occupier is to be taken to be the occupier whose name first appears on the agreement.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
27. In this Chapter—
...
“ consumer prices index ” means the general index for consumer prices published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board;
“ pitch fee ” means the amount which the occupier is required by the agreement to pay to the owner for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water, sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts;
retail prices index means the general index (for all items) published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board;
“ review date ” means the date specified in the written statement as the date on which the pitch fee will be reviewed in each year, or if no such date is specified, each anniversary of the date the agreement commenced; and
“ written statement ” means the written statement that the owner of the protected site is required to give to the occupier by section 1(2) of this Act.
Part II Matters Concerning Which Terms May be Implied by Appropriate Judicial Body
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid.
3 The review at yearly intervals of the sums so payable.
4 The provision or improvement of services available on the protected site, and the use by the occupier of such services.
5 The preservation of the amenity of the protected site.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 3 Supplementary Provisions
Sale pursuant to paragraph 7A or 7B of Chapter 2 of Part 1: provision of information
A1 (1) This paragraph applies where the occupier proposes to sell the mobile home, and assign the agreement, pursuant to paragraph 7A or 7B of Chapter 2 of Part 1.
(2) The occupier must, not later than 28 days before the completion of the sale of the mobile home and assignment of the agreement, provide the proposed occupier with—
(a) such documents, or documents of such description, as may be prescribed in regulations made by the Secretary of State, and
(b) such other information as may be so prescribed, in the form so prescribed.
(3) But if the proposed occupier consents in writing to the documents and other information concerned being provided by a date (“the chosen date”) which is less than 28 days before the completion of the sale and assignment of the agreement, the occupier must provide the documents and other information to the proposed occupier not later than the chosen date.
(4) The documents and other information which may be prescribed in regulations under sub-paragraph (2) include in particular—
(a) a copy of the agreement;
(b) a copy of the site rules (within the meaning given by section 2C) (if any) for the protected site on which the mobile home is stationed;
(c) details of the pitch fee payable under the agreement;
(d) a forwarding address for the occupier;
(e) in a case within paragraph 7A, information about the requirement imposed by virtue of sub-paragraph (4) of that paragraph (obligation to notify owner of completion of sale and assignment);
(f) details of the commission which would be payable by the proposed occupier by virtue of paragraph 7A(5) or 7B(8);
(g) information about such requirements as are prescribed in regulations under paragraph 7A(7) or 7B(10).
(5) Documents or other information required to be provided under this paragraph may be either delivered to the prospective purchaser personally or sent by post.
(6) A claim that a person has broken the duty under sub-paragraph (2) or (3) may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.
(7) Regulations under sub-paragraph (2) must be made by statutory instrument and may—
(a) make different provision for different cases or descriptions of case, including different provision for different areas;
(b) contain incidental, supplementary, transitional or saving provisions.
(8) The first regulations to be made under sub-paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament
(9) 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 sub-paragraph (2).
(10) In sub-paragraph (4)(c), “ pitch fee ” has the same meaning as in Chapter 2 of Part 1 of this Schedule (see paragraph 29 of that Chapter).
Duty to forward requests under paragraph 8 or 9 of Chapter 2 of Part 1
1 (1) This paragraph applies to—
(a) a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) of Chapter 2 of Part 1 (see paragraph 8(1A)), or
(b) a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) of Chapter 2 of Part 1 (see paragraph 8(1A) as applied by paragraph 9(2)).
(2) If a person (“ the recipient ”) receives such a request and he—
(a) though not the owner, has an estate or interest in the protected site, and
(b) believes that another person is the owner (and that the other person has not received such a request),
the recipient owes a duty to the occupier to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient receives it.
(3) In paragraph 8(1B) of Chapter 2 of Part 1 of this Schedule (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above.
Action for breach of duty under paragraph 1
2 (1) A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.
(2) The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 of Chapter 2 of Part 1 of this Schedule, against a person bound by that term.
SCHEDULE 2
Repeals
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1975 c. 49 | The Mobile Homes Act 1975. | Sections 1 to 6. |
| In section 9, in subsection (1), all definitions except those of “the Act of 1960”, “the Act of 1968” and “mobile home”, and subsection (2). |