Mobile Homes Act 1983

Particulars of agreements

1

• (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.

Terms of agreements

2

• (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.

Successors in title

3

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction of the court

4

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

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• (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; andin 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.

Short title, repeals, commencement and extent

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• (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.

SCHEDULE 1

Part I — Terms Implied by Act

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 6or 5A below.

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 forthwithat 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 forthwithat a date to be determined by the court if, on the application of the owner, the court appropriate judicial body—

6

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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.

Sale of mobile home

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Gift of mobile home

9

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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.