Mobile Homes Act 1983

Termination by owner E+W+S

4 E+W+S The owner shall be entitled to terminate the agreement [F4 forthwith][F4 at a date to be determined by the court] if, on the application of the owner, the [F5 court][F5 appropriate 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.

Textual Amendments

F4 Words in Sch. 1 Pt. I para. 4 substituted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(2) (with art. 1(2)(3), 4)

F5 Words in Sch. 1 Pt. I Ch. 2 para. 4 substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(7)(a) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(b) (with art. 5)

5 E+W+S The owner shall be entitled to terminate the agreement [F6 forthwith][F6 at a date to be determined by the court] if, on the application of the owner, F7 [F8 the [F9 court ][F9 appropriate judicial body]—

(a)

is satisfied that the occupier is not occupying the mobile home as his only or main residence; and

(b)

considers it reasonable for the agreement to be terminated.]

Textual Amendments

F6 Words in Sch. 1 Pt. I para. 5 substituted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(3)(a) (with art. 1(2)(3), 4)

F7 Words in Sch. 1 Pt. I para. 5 substituted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(3)(b) (with art. 1(2)(3), 4)

F8 Words in Sch. 1 Pt. 1 para. 5 substituted (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(2) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(2) (with arts. 1(2)(3), 4)

F9 Words in Sch. 1 Pt. I Ch. 2 para. 5 substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(7)(b) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(c) (with art. 5)

[F10 5A. F11 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

(2) The owner is entitled to terminate the agreement forthwith 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.

(3) Sub-paragraphs (4) and (5) apply if, on an application to the tribunal under sub-paragraph (2)(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.

(4) 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.

(5) If the tribunal makes an interim order under sub-paragraph (4), it must not make a determination under sub-paragraph (2)(a) unless it is satisfied that the specified period has expired without the repairs having been carried out.]

Textual Amendments

F10 Sch. 1 Pt. I Ch. 2 para. 5A inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(7)(c)

F11 Sch. 1 Pt. I Ch. 2 para. 5A(1) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(d) (with art. 5)

F12 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F12 Sch. 1 Pt. I Ch. 2 para. 6 omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(e) (with art. 5)

6 (1) The owner shall be entitled to terminate the agreement [F13 a date to be determined by the court] if, on the application of the owner, the court is satisfied that, having regard to its F14 ... condition, the mobile home— S

(a) is having a detrimental effect on the amenity of the site F15 [F16 ; and]

F17 [F18 (b) the court considers it reasonable for the agreement to be terminated.]

F19 F20 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 (3) Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—

(a) the court considers that—

(i) having regard to the present condition of the mobile home, paragraph (a) F22 ... of that sub-paragraph applies to it; but

(ii) it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in [F23 sub-paragraph (1)(a) not] applying to it; and

(b) the occupier indicates an intention to carry out those repairs.

(4) In such a case the court may make an order setting out the repairs and adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.

(5) If the court makes such an order, the application is not to be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F13 Words in Sch. 1 Pt. I para. 6(1) substituted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(4)(a)(i) (with art. 1(2)(3), 4)

F14 Words in Sch. 1 Pt. 1 para. 6 repealed (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(2)(a), 270(3)(a), Sch. 16 (with s. 207(6)(7)) and (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 169(2)(a), 195(3) (with ss. 169(5)(6), 193); S.S.I. 2007/270, art. 3

F15 Word in Sch. 1 Pt. I para. 6(1)(a) substituted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(4)(a)(ii) (with art. 1(2)(3), 4)

F16 Word in Sch. 1 Pt. 1 para. 6(1)(a) substituted (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(3)(a)(ii) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(3)(a)(ii) (with arts. 1(2)(3), 4)

F17 Sch. 1 Pt. I para. 6(1)(b) substituted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(4)(a)(iii) (with art. 1(2)(3), 4)

F18 Sch. 1 Pt. 1 para. 6(1)(b) substituted (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(3)(a)(iii) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(3)(a)(iii) (with arts. 1(2)(3), 4)

F19 Sch. 1 Pt. 1 para. 6(2) omitted (E.) (1.10.2006) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(3)(b) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(3)(b) (with arts. 1(2)(3), 4)

F20 Sch. 1 Pt. I para. 6(2) omitted (S.) (1.9.2013) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(4)(b) (with art. 1(2)(3), 4)

F21 Sch. 1 Pt. 1 para. 6(3)-(5) inserted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 169(2)(b), 195(3) (with ss. 169(5)(6), 193); S.S.I. 2007/270, art. 3

F22 Words in Sch. 1 Pt. I para. 6(3)(a)(i) omitted (S.) (1.9.2013) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(4)(c)(i) (with art. 1(2)(3), 4)

F23 Words in Sch. 1 Pt. I para. 6(3)(a)(ii) substituted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(4)(c)(ii) (with art. 1(2)(3), 4)