Mobile Homes Act 1983

• Citation: 1983 c. 34
• Sections: 104

Section 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.

Section 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 court appropriate 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 court appropriate judicial body shall make such provision as the court appropriate 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 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—

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;

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 or, in relation to England, Part 13 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—

in relation to England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper; and

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.

Section 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.

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).

Section 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—

is occupied by a county council as a caravan site providing accommodation for gypsies and travellers, and

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—

is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers, and

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.

Section 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.

Section 1 Duration of agreement

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.

Section 1 Duration of agreement

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.

Section 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 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.

Section 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.

Section 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.

Section 2 Duration of agreement

(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.

Section 2 Duration of agreement

(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.

Section 2

The sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid.

Section 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.

Section 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.

Section 3 Early termination by occupier

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.

Section 3 Termination by occupier

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.

Section 3

The review at yearly intervals of the sums so payable.

Section 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 court appropriate 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.

Section 4 Early termination by owner

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.

Section 4 Termination by owner

The owner is entitled to terminate the agreement forthwith if, on the application of the owner, the court appropriate 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.

Section 4

The provision or improvement of services available on the protected site, and the use by the occupier of such services.

Section 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 court appropriate 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.

Section 5 Recovery of overpayments by occupier

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.

Section 5 Termination by owner

The owner is entitled to terminate the agreement forthwith if, on the application of the owner, the court appropriate 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.

Section 5

The preservation of the amenity of the protected site.

Section 5A

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(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.

Section 6

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Section 6 Quiet enjoyment of the mobile home

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.

Section 6 Termination by owner

(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 court appropriate 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 court tribunal under sub-paragraph (1)(a)—

(a) the court 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 court tribunal that the occupier intends to carry out those repairs.

(3) In such a case the court 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 court tribunal considers reasonable to enable the repairs to be carried out.

(4) If the court tribunal 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.

Section 6

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Section 6A Assignment of agreement in Wales

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Section 6B Application in relation to assignment in Wales

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Section 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.

Section 7 Owner’s right of entry to the pitch

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.

Section 7 Recovery of overpayments by occupier

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.

Section 7

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Section 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).

Section 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).

Section 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.

Section 8

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