Search Legislation

Mobile Homes (Wales) Act 2013

Changes over time for: Section 42

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Mobile Homes (Wales) Act 2013, Section 42. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

This section has no associated Explanatory Notes

42(1)The occupier may serve on the owner a request to approve for the purposes of paragraph 41, an assignment to a person named in the request (“the proposed occupier”).E+W

(2)Where the request relates to an assignment under paragraph 41(1)(a) the request must include satisfactory evidence that the proposed occupier is a member of the occupier's family.

(3)Where the owner receives a request under sub-paragraph (1), the owner must, within 28 days beginning with the date on which the request is received—

(a)approve the assignment, unless it is reasonable for the owner not to do so, and

(b)serve on the occupier notice of the owner's decision (“a decision notice”).

(4)If a person (“P”) receives a request under sub-paragraph (1) and P—

(a)while not being the owner, has an estate or interest in the land, and

(b)believes that another person is the owner,

and that other person has not received such a request, P owes a duty to the occupier (enforceable by a claim in tort for breach of statutory duty, as well as by action for breach of an implied term) 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 P receives it.

(5)If the approval is withheld, the decision notice must specify the reasons for withholding it.

(6)Where a fee lawfully due from the occupier has not been paid or any term of the agreement has been broken or not performed, the approval required for the purpose of paragraph 41 may be given subject to a condition requiring the occupier to pay the outstanding fee, remedy the breach or perform the obligation.

(7)Except as provided by sub-paragraph (6), the approval required for the purpose of paragraph 41 cannot be given subject to a condition and a condition imposed otherwise than as so provided is to be disregarded.

(8)If the owner fails to serve the notice or withholds approval to the assignment the occupier may apply to the tribunal for an order declaring that the assignment is approved for the purposes of paragraph 41 and the tribunal may make such an order if it thinks fit.

(9)If the question arises as to whether the notice required by sub-paragraph (3)(b) was served within the required period of 28 days, it is for an owner to show that the notice was so served.

(10)If the owner did not approve the assignment and the question arises whether it was reasonable for the owner not to do so, it is for the owner to show that it was reasonable.

(11)A request or notice under this paragraph—

(a)must be in writing, and

(b)may be served by post.

(12)Subject to sub-paragraph (13), an application to the tribunal under sub-paragraph (8) by an occupier must be made—

(a)within the period of 3 months beginning with the day after the date on which the occupier receives the decision notice, or

(b)where the occupier receives no decision notice, within the period of 3 months beginning with the date which is 29 days after the date upon which the occupier served the request under sub-paragraph (1).

(13)A tribunal may permit an application under sub-paragraph (8) to be made to the tribunal after the applicable period specified in sub-paragraph (12) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply before the end of that period and for any delay since then in applying for permission to make the application out of time.

Commencement Information

I1Sch. 2 para. 42 in force at 1.10.2014 by S.I. 2014/11, art. 3(1)(d) (with art. 4)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources