C3Part I Provisions for Protection of Residential Occupiers
1 Application of Part 1.
1
This Part of this Act applies in relation to any licence or contract (whether made before or after the passing of this Act) under which a person is entitled to station a caravan on a protected site (as defined by subsection (2) below) and occupy it as his residence, or to occupy as his residence a caravan stationed on any such site; and any such licence or contract is in this Part referred to as a residential contract, and the person so entitled as the occupier.
2
For the purposes of this Part of this Act a protected site is any land F22 in England in respect of which a site licence is required under Part I of the M1Caravan Sites and Control of Development Act 1960 or would be so required if F8paragraph 11 F15or 11A of Schedule 1 to that Act (exemption of gypsy and other F15of Schedule 1 to that Act (exemption of local authority sites) were omitted, not being land in respect of which the relevant planning permission or site licence—
a
is expressed to be granted for holiday use only; or
b
is otherwise so expressed or subject to such conditions that there are times of the year when no caravan may be stationed on the land for human habitation.
3
References in this Part of this Act to the owner of a protected site are references to the person who is or would apart from any residential contract be entitled to possession of the land.
2 Minimum length of notice.
In any case where a residential contract is determinable by notice given by either party to the other, a notice so given shall be of no effect unless it is given not less than four weeks before the date on which it is to take effect.
3F17 Protection of occupiers against eviction and harassment.F17Protection of occupiers against eviction and harassment, false information etc.
1
Subject to the provisions of this section, a person shall be guilty of an offence under this section—
a
if, during the subsistence of a residential contract, he unlawfully deprives the occupier of his occupation on the protected site of any caravan which the occupier is entitled by the contract to station and occupy, or to occupy, as his residence thereon;
b
if, after the expiration or determination of a residential contract, he enforces, otherwise than by proceedings in the court, any right to exclude the occupier from the protected site or from any such caravan, or to remove or exclude any such caravan from the site;
F11c
if, whether during the subsistence or after the expiration or determination of a residential contract, with intent to cause the occupier—
i
to abandon the occupation of the caravan or remove it from the site, or
ii
to refrain from exercising any right or pursuing any remedy in respect thereof,
F11c
if, whether during the subsistence or after the expiration or determination of a residential contract, the person—
i
does anything likely to interfere with the peace or comfort of the occupier or persons residing with the occupier; or
ii
persistently withdraws or withholds services or facilities reasonably required for the occupation of the caravan as a residence on the site,
and (in either case) knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to abandon the occupation of the caravan or remove it from the site or to refrain from exercising any right or pursuing any remedy in relation to the caravan.
F51A
F12Subject to the provisions of this section, the owner of a protected site or his agent shall be guilty of an offence under this section if, whether during the subsistence or after the expiration or determination of a residential contract—
a
he does acts likely to interfere with the peace or comfort of the occupier or persons residing with him, or
b
and (in either case) he 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 (1)(c)(i) or (ii) of this section.
F191AA
The owner of a protected site F25... or the owner's agent is guilty of an offence under this section if, during the subsistence of a residential contract, the owner or (as the case may be) agent—
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 (1)(c)(i) or (ii), or
ii
a person who is considering whether to purchase or occupy the caravan to which the residential contract relates to decide not to do so.
1B
2
References in this section to the occupier include references to the person who was the occupier 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 expiration or determination of the contract), to any person then residing with the occupier being—
C1C23
A person guilty of an offence under this section shall, without prejudice to any liability or remedy to which he may be subject in civil proceedings, be F6F13 liable—
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding F27the general limit in a magistrates’ court, or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.F13liable on summary conviction—
a
in the case of a first offence, to a fine not exceeding the statutory maximum;
b
in the case of a second or subsequent offence, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 6 months, or to both.
4
In proceedings for an offence under paragraph (a) or (b) of subsection (1) of this section it shall be a defence to prove that the accused believed, and had reasonable cause to believe, that the occupier of the caravan had ceased to reside on the site.
F14F74A
In proceedings for an offence under subsection (1A) of this section it shall be a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question.
F144A
In proceedings for an offence under subsection (1)(c) of this section it shall be a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question.
5
Nothing in this section applies to the exercise by any person of a right to take possession of a caravan of which he is the owner, other than a right conferred by or arising on the expiration or determination of a residential contract, or to anything done pursuant to the order of any court.
4 Provision for suspension of eviction orders.
1
If in proceedings by the owner of a protected site the court makes an order for enforcing in relation thereto any such right as is mentioned in paragraph (b) of subsection (1) of section 3 of this Act, the court may (without prejudice to any power apart from this section to postpone the operation or suspend the execution of an order, and subject to the following provisions of this section) suspend the enforcement of the order for such period not exceeding twelve months from the date of the order as the court thinks reasonable.
2
Where the court by virtue of this section suspends the enforcement of an order, it may impose such terms and conditions, including conditions as to the payment of rent or other periodical payments or of arrears of such rent or payments, as the court thinks reasonable.
3
The court may from time to time, on the application of either party, extend, reduce or terminate the period of suspension ordered by virtue of this section, or vary any terms or conditions imposed thereunder, but shall not extend the period of suspension for more than twelve months at a time.
4
In considering whether or how to exercise its powers under this section, the court shall have regard to all the circumstances, and in particular to the questions—
a
whether the occupier of the caravan has failed, whether before or after the expiration or determination of the relevant residential contract, to observe any terms or conditions of that contract, any conditions of the site licence, or any reasonable rules made by the owner for the management and conduct of the site or the maintenance of caravans thereon;
b
whether the occupier has unreasonably refused an offer by the owner to renew the residential contract or make another such contract for a reasonable period and on reasonable terms;
c
whether the occupier has failed to make reasonable efforts to obtain elsewhere other suitable accommodation for his caravan (or, as the case may be, another suitable caravan and accommodation for it).
5
Where the court makes such an order as is mentioned in subsection (1) of this section but suspends the enforcement of that order by virtue of this section, the court shall make no order for costs unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.
6
a
no site licence under Part 1 of that Act is in force in respect of the site, and
b
paragraph 11 or 11A of Schedule 1 to the Caravan Sites and Control of Development Act 1960 (c. 2) does not apply;
F16if—
a
no site licence under Part 1 of the Caravan Sites and Control of Development Act 1960 (c. 62) is in force in respect of the site; and
b
paragraph 11 of Schedule 1 to that Act does not apply;
and where a site licence in respect of the site is expressed to expire at the end of a specified period, the period for which enforcement may be suspended by virtue of this section shall not extend beyond the expiration of the licence.
X15F1 Supplementary.
1
In this Part of this Act “the court” means the county court; F26...
2
The power of the court under section 4 of this Act to suspend the enforcement of an order shall extend to any order made but not executed before the commencement of this Part of this Act.
3
Nothing in this Part of this Act shall affect the operation of section 13 of the M2Compulsory Purchase Act 1965.
4
Subsection (1) of section 12 of the Caravan Sites and Control of Development Act 1960 (power of site occupier to take possession and terminate a licence or tenancy in case of contravention of section 1 of that Act) shall have effect subject to the foregoing provisions of this Part of this Act.
5
F2the Protection from Eviction Act 1977
(protection against harassment and eviction without due process of law) shall not apply to any premises being a caravan stationed on a protected site.
F3X25
1
In this Part of this Act any reference to the court shall be construed as a reference to the sheriff having jurisdiction in the place where the protected site is situated.
2
The power of the court under section 4 of this Act to suspend the enforcement of an order shall extend to any order made but not executed before the commencement of this Part of this Act.
3
Nothing in this Part of this Act shall affect the operation of section 89 of the M3Lands Clauses Consolidation (Scotland) Act 1845.
4
Section 12(1) of the M4Caravan Sites and Control of Development Act 1960 (power of site occupier to take possession and terminate a licence or tenancy in case of contravention of section 1 of that Act), when read with section 32(1)(d) of that Act, shall have effect subject to the foregoing provisions of this Part of this Act.
5
Part III of the M5Rent Act 1965 (protection against harassment and eviction without due process of law) shall not apply to any premises being a caravan stationed on a protected site..
Pt. I (ss. 1–5) applied by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 66(8), 142