This is the original version (as it was originally enacted).
40(1)The owner is entitled to terminate the agreement immediately 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.
(2)Sub-paragraphs (3) and (4) apply if, on an application to the tribunal under sub-paragraph (1)(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.
(3)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.
(4)If the 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.
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Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.
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