Search Legislation

Mobile Homes (Wales) Act 2013

Status:

This is the original version (as it was originally enacted).

42Protection of occupiers against eviction and harassment, false information etc.

This section has no associated Explanatory Notes

(1)A person to whom any of subsections (2) to (6) applies commits an offence.

(2)This subsection applies to a person if, during the subsistence of a residential contract, the person unlawfully deprives the occupier of the mobile home of occupation on the protected site of any mobile home which the occupier is entitled by the contract to station and occupy, or to occupy, as the occupier’s residence on the protected site.

(3)This subsection applies to a person if, after the expiry or determination of a residential contract, the person enforces, otherwise than by proceedings in the court, any right to exclude the occupier of the mobile home from the protected site or from any such mobile home, or to remove or exclude any such mobile home from the protected site.

(4)This subsection applies to a person if (whether during the subsistence, or after the expiry or determination, of a residential contract) with intent to cause the occupier of the mobile home—

(a)to abandon the occupation of the mobile home or remove it from the site, or

(b)to refrain from exercising any right or pursuing any remedy in respect of that,

the person does acts likely to interfere with the peace or comfort of the occupier or persons residing with the occupier, or withdraws or withholds services or facilities reasonably required for the occupation of the mobile home as a residence on the site.

(5)This subsection applies to a person if the person is, or is the agent of, the owner of the protected site and (whether during the subsistence or after the expiration or determination of a residential contract)—

(a)the person does acts likely to interfere with the peace or comfort of the occupier of the mobile home or persons residing with the occupier, or

(b)withdraws or withholds services or facilities reasonably required for the occupation of the mobile home as a residence on the site,

and (in either case) the person knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to do any of the things mentioned in subsection (4)(a) or (b).

(6)This subsection applies to a person if the person is, or is the agent of, the owner of a protected site and, during the subsistence of a residential contract, the person—

(a)knowingly or recklessly provides information or makes a representation which is false or misleading in a material respect to any person, and

(b)knows, or has reasonable cause to believe, that doing so is likely to cause—

(i)the occupier to do any of the things mentioned in subsection (4)(a) or (b), or

(ii)a person who is considering whether to purchase or occupy the mobile home to which the residential contract relates to decide not to do so.

(7)In subsections (5) and (6) references to the owner of a protected site include references to a person with an estate or interest in the site which is superior to that of the owner.

(8)In this section references to the occupier of the mobile home include references to the person who was the occupier of the mobile home under a residential contract which has expired or been determined and, in the case of the death of the occupier (whether during the subsistence or after the expiry or determination of the contract), to any person then residing with the occupier.

(9)Nothing in this section applies to the exercise by the owner of a mobile home of a right to take possession of the mobile home, other than a right conferred by or arising on the expiry or determination of a residential contract, or to anything done pursuant to the order of any court.

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

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

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