Mobile Homes Act 1983

Section 2.

SCHEDULE 1E+W+S Agreements Under Act

Part IE+W+S Terms Implied by Act

[F1CHAPTER 1E+W+SApplication and interpretation

Textual Amendments

1.(1)The implied terms set out in Chapter 2 apply to all agreements which relate to a pitch F2... except an agreement which relates to a pitch F3... on a local authority gypsy and traveller site or a county council gypsy and traveller site.E+W+S

(2)The implied terms set out in Chapter 3 apply to an agreement which relates to a transit pitch F4... on a local authority gypsy and traveller site or a county council gypsy and traveller site.

(3)The implied terms set out in Chapter 4 apply to an agreement which relates to a permanent pitch F5... on a local authority gypsy and traveller site or a county council gypsy and traveller site.

(4)In this Part of this Schedule—

  • “caravan site” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960,

  • “county council gypsy and traveller site” means any land which—

    (a)

    is occupied by a county council as a caravan site providing accommodation for gypsies and travellers, and

    (b)

    is a protected site,

  • “gypsies and travellers” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showpeople, or persons engaged in travelling circuses, travelling together as such,

  • “local authority gypsy and traveller site” means any land which—

    (a)

    is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers, and

    (b)

    is a protected site,

  • “permanent pitch” means a pitch which is not a transit pitch,

  • “pitch” means the land, forming part of a protected site and including any garden area, on which an occupier is entitled to station a mobile home under the terms of the agreement, and

  • “transit pitch” means a pitch on which a person is entitled to station a mobile home under the terms of the agreement for a fixed period of up to 3 months.]

Textual Amendments

F2Words in Sch. 1 Pt. I Ch. 1 para. 1(1) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(a) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F4Words in Sch. 1 Pt. I Ch. 1 para. 1(2) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(a) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F5Words in Sch. 1 Pt. I Ch. 1 para. 1(3) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(a) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

[F6CHAPTER 2E+W+SAgreements relating to pitches F7... except pitches F8... on local authority gypsy and traveller sites and county council gypsy and traveller sites ]

Textual Amendments

F7Words in Sch. 1 Pt. I Ch. 2 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(b) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

Duration of agreementE+W+S

1E+W+SSubject to paragraph 2 below, the right to station the mobile home on land forming part of the protected site shall subsist until the agreement is determined under paragraph 3, 4, 5 [F9or 6][F9or 5A] below.

Textual Amendments

[F101A(1)The right to station the mobile home under in paragraph 1 is not affected by—S

(a)the expiry of a Part 1A site licence in accordance with section 32J(1)(b)(ii) of the 1960 Act,

(b)the refusal to issue or renew a Part 1A site licence under section 32D of the 1960 Act,

(c)the revocation of a Part 1A site licence under section 32L of the 1960 Act, or

(d)the expiry of a site licence in accordance with section 83(2) of the Housing (Scotland) Act 2014 (asp 14).

(2)Sub-paragraph (1) applies in relation to agreements that were made at any time before the day on which that sub-paragraph comes into force (as well as in relation to agreements made on or after that day).

(3)In this paragraph—

  • “the 1960 Act” means the Caravan Sites and Control of Development Act 1960 (c.62), and

  • “Part 1A site licence” has the same meaning as in section 32Z6 of the 1960 Act.]

Textual Amendments

F10Sch. 1 Pt. I para. 1A inserted (S.) (1.5.2017) by Housing (Scotland) Act 2014 (asp 14), ss. 84(a), 104(3); S.S.I. 2016/412, art. 2, sch.

2(1)If the owner’s estate or interest is insufficient to enable him to grant the right for an indefinite period, the period for which the right subsists shall not extend beyond the date when the owner’s estate or interest determines.E+W+S

(2)If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists shall not extend beyond the date when the planning permission expires.

(3)If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account shall be taken of that change.

Termination by occupierE+W+S

3E+W+SThe occupier shall be entitled to terminate the agreement by notice in writing given to the owner not less than four weeks before the date on which it is to take effect.

Termination by ownerE+W+S

4E+W+SThe owner shall be entitled to terminate the agreement [F11forthwith][F11at a date to be determined by the court] if, on the application of the owner, the [F12court][F12appropriate 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

5E+W+SThe owner shall be entitled to terminate the agreement [F13forthwith][F13at a date to be determined by the court] if, on the application of the owner, F14[F15the [F16court ][F16appropriate 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

[F175A.F18(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

F196E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

6(1)The owner shall be entitled to terminate the agreement [F125a date to be determined by the court] if, on the application of the owner, the court is satisfied that, having regard to its F126... condition, the mobile home—S

(a)is having a detrimental effect on the amenity of the site F127[F128; and]

F129[F130(b)the court considers it reasonable for the agreement to be terminated.]

F131F132(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F133(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) F134... 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 [F135sub-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

E21This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F126Words 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

F133Sch. 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

F134Words 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)

F135Words 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)

[F20Recovery of overpayments by occupier] [F20Repayment of sums paid by occupier on termination of agreement]S

Textual Amendments

F20Sch. 1 Pt. I para. 7 and cross-heading 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(5) (with art. 1(2)(3), 4)

7E+WWhere the agreement is terminated as mentioned in paragraph 3, 4, 5 or 6 above, the occupier shall be entitled to recover from the owner so much of any payment made by him in pursuance of the agreement as is attributable to a period beginning after the termination.

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F207SWhere the agreement is terminated as mentioned in paragraph 3, 4, 5 or 6, the owner must, within 2 months of the date of the termination, repay to the occupier so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the date of termination.]

Extent Information

E22This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Sale of mobile homeE+W+S

[F217AF22(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

(2)Where the agreement is a new agreement, the occupier is entitled to sell the mobile home and to assign the agreement to the person to whom the mobile home is sold (referred to in this paragraph as the “new occupier”) without the approval of the owner.

(3)In this paragraph and paragraph 7B, “new agreement” means an agreement—

(a)which was made after the commencement of this paragraph, or

(b)which was made before, but which has been assigned after, that commencement.

(4)The new occupier must, as soon as reasonably practicable, notify the owner of the completion of the sale and assignment of the agreement.

(5)The new occupier is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Secretary of State.

(6)Except to the extent mentioned in sub-paragraph (5), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement to the new occupier.

(7)The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with—

(a)the sale of the mobile home and assignment of the agreement;

(b)the payment of commission by virtue of sub-paragraph (5).

Textual Amendments

F21Sch. 1 Pt. I Ch. 2 paras. 7A-7C inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(2), 15(3) (with savings in S.I. 2013/1168, reg. 2)

F22Sch. 1 Pt. I Ch. 2 para. 7A(1) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(c) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

7B(1)Where the agreement is not a new agreement, the occupier is entitled to sell the mobile home and assign the agreement without the approval of the owner if—E+W+S

(a)the occupier serves on the owner a notice (a “notice of proposed sale”) that the occupier proposes to sell the mobile home, and assign the agreement, to the person named in the notice (the “proposed occupier”), and

(b)the first or second condition is satisfied.

(2)The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of proposed sale (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a tribunal for an order preventing the occupier from selling the mobile home, and assigning the agreement, to the proposed occupier (a “refusal order”).

(3)The second condition is that—

(a)within the 21-day period—

(i)the owner applies to a tribunal for a refusal order, and

(ii)the occupier receives a notice of the application from the owner, and

(b)the tribunal rejects the application.

(4)If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of the application from the owner within that period—

(a)the application is to be treated as not having been made, and

(b)the first condition is accordingly to be treated as satisfied.

(5)A notice of proposed sale must include such information as may be prescribed in regulations made by the Secretary of State.

(6)A notice of proposed sale or notice of an application for a refusal order—

(a)must be in writing, and

(b)may be served by post.

(7)An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Secretary of State; and a notice of an application for a refusal order must specify the ground or grounds on which the application is made.

(8)The person to whom the mobile home is sold (“the new occupier”) is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Secretary of State.

(9)Except to the extent mentioned in sub-paragraph (8), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement.

(10)The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier, a proposed occupier or the new occupier in connection with—

(a)the sale of the mobile home and assignment of the agreement;

(b)the payment of commission by virtue of sub-paragraph (8).

Textual Amendments

F21Sch. 1 Pt. I Ch. 2 paras. 7A-7C inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(2), 15(3) (with savings in S.I. 2013/1168, reg. 2)

7C(1)Regulations under paragraph 7A or 7B must be made by statutory instrument and may—E+W+S

(a)make different provision for different cases or descriptions of case, including different provision for different areas or for sales at different prices;

(b)contain incidental, supplementary, transitional or saving provisions.

(2)Regulations under paragraph 7A or 7B are subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F21Sch. 1 Pt. I Ch. 2 paras. 7A-7C inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(2), 15(3) (with savings in S.I. 2013/1168, reg. 2)

F238E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F23Sch. 1 Pt. I Ch. 2 para. 8 omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(d) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

8[F136(A1)This paragraph applies to an agreement which relates to a pitch other than a pitch on—S

(a)a local authority gypsy and traveller site; or

(b)a registered social landlord gypsy and traveller site.]

(1)The occupier shall [F137, subject to sub-paragraph (2A),] be entitled to sell the mobile home, and to assign the agreement F138....

[F27(1A)The occupier is entitled to—

(a)market the occupier’s mobile home using the services of an agent; and

(b)display appropriate marking signs in, or on, the mobile home for these purposes.

(1B)The owner must allow any agent appointed by the occupier such reasonable access to the pitch as may be required for the purposes of—

(a)preparing a valuation of the mobile home and

(b)preparing or displaying marketing particulars.

(1C)Where the occupier intends to sell the mobile home and assign the agreement as mentioned in sub-paragraph (1), the occupier must, no later than 28 days before the date of the sale of the mobile home and assignation of the agreement, provide the purchaser with—

(a)a copy of the agreement;

(b)a copy of any site rules for the protected site on which the mobile home is stationed; and

(c)a forwarding address for the occupier.

(1D)But if the purchaser consents in writing to the documents and address being provided by a date (“the agreed date”) which is less than 28 days before the date of the sale and assignation of the agreement, the occupier must provide the documents and address to the purchaser no later than the agreed date.]

(2)Where the occupier sells the mobile home, and assigns the agreement, as mentioned in subparagraph (1) above, the owner shall be entitled to receive a commission on the sale at a rate not exceeding such rate as may be specified by an order made by [F139Scottish Ministers].

[F140(2A)Neither the sale nor the assignation are to have any effect until the owner has received the commission mentioned in sub-paragraph (2).

(2B)Except to the extent mentioned in sub-paragraph (2), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home, and the assignation of the agreement.]

(3)An order under this paragraph—

(a)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)may make different provision for different areas or for sales at different prices.

Extent Information

E23This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F27Sch. 1 Pt. I para. 8(1A)-(1D) substituted for Sch. 1 Pt. I para. 8(1A)-(1I) (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(6)(c) (with art. 1(2)(3), 4)

F138Words in Sch. 1 Pt. I para. 8(1) 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(6)(b)(ii) (with art. 1(2)(3), 4)

F139Words in Sch. 1 Pt. 1 para. 8(2) substituted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 169(3)(b), 195(3) (with ss. 169(5), 193); S.S.I. 2007/270, art. 3

Gift of mobile homeE+W+S

[F248AF25(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

(2)Where the agreement is a new agreement (as defined by paragraph 7A(3)), provided that the occupier has supplied the owner with the relevant evidence, the occupier is entitled to give the mobile home, and to assign the agreement, to a member of the occupier's family (referred to in this paragraph as the “new occupier”) without the approval of the owner.

(3)The relevant evidence is—

(a)evidence, or evidence of a description, prescribed in regulations made by the Secretary of State that the person to whom the occupier proposes to give the mobile home, and to assign the agreement, is a member of the occupier's family, or

(b)any other satisfactory evidence that the person concerned is a member of the occupier's family.

(4)The new occupier must, as soon as reasonably practicable, notify the owner of the receipt of the mobile home and assignment of the agreement.

(5)The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (2).

(6)The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph (2).

Textual Amendments

F24Sch. 1 Pt. I Ch. 2 paras. 8A-8C inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(5), 15(3) (with savings in S.I. 2013/1168, reg. 2)

F25Sch. 1 Pt. I Ch. 2 para. 8A(1) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(e) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

8B(1)Where the agreement is not a new agreement (as defined by paragraph 7A(3)), the occupier is entitled to give the mobile home, and assign the agreement, to a member of the occupier's family (referred to in this paragraph as the “proposed occupier”) without the approval of the owner if—E+W+S

(a)the occupier serves on the owner a notice (a “notice of proposed gift”) that the occupier proposes to give the mobile home to the proposed occupier, and

(b)the first or second condition is satisfied.

(2)The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of proposed gift (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a tribunal for an order preventing the occupier from giving the mobile home, and assigning the agreement, to the proposed occupier (a “refusal order”).

(3)The second condition is that—

(a)within the 21-day period—

(i)the owner applies to a tribunal for a refusal order, and

(ii)the occupier receives a notice of the application from the owner, and

(b)the tribunal rejects the application.

(4)If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of the application from the owner within that period—

(a)the application is to be treated as not having been made, and

(b)the first condition is accordingly to be treated as satisfied.

(5)A notice of proposed gift must include—

(a)the relevant evidence (as defined by paragraph 8A(3)), and

(b)such other information as may be prescribed in regulations made by the Secretary of State.

(6)A notice of proposed gift or notice of an application for a refusal order—

(a)must be in writing, and

(b)may be served by post.

(7)An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Secretary of State; and a notice of an application for a refusal order must specify the ground or grounds on which the application is made.

(8)The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (1).

(9)The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier, a proposed occupier or the person to whom the mobile home is given in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph (1).

Textual Amendments

F24Sch. 1 Pt. I Ch. 2 paras. 8A-8C inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(5), 15(3) (with savings in S.I. 2013/1168, reg. 2)

8C(1)Regulations under paragraph 8A or 8B must be made by statutory instrument and may—E+W+S

(a)make different provision for different cases or descriptions of case, including different provision for different areas;

(b)contain incidental, supplementary, transitional or saving provisions.

(2)Regulations under paragraph 8A or 8B are subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F24Sch. 1 Pt. I Ch. 2 paras. 8A-8C inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(5), 15(3) (with savings in S.I. 2013/1168, reg. 2)

F269E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E4This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F26Sch. 1 Pt. I Ch. 2 para. 9 omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(f) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

[F1419(1)This paragraph applies to an agreement which relates to a pitch other than a pitch on—S

(a)a local authority gypsy and traveller site; or

(b)a registered social landlord gypsy and traveller site.

(2)Subject to sub-paragraph (5), the occupier is entitled to gift the mobile home, and to assign the agreement, to a member of the occupier’s family (the “new occupier”) without the approval of the owner.

(3)The occupier must, if requested by the owner, give the owner such evidence as the owner, acting reasonably, may require to confirm that the new occupier is a member of the occupier’s family.

(4)The new occupier must, as soon as practicable, notify the owner of the new occupier’s acceptance of the gift of the mobile home and assignation of the agreement.

(5)Neither the gift nor the assignation are to have any effect until the owner has received the evidence mentioned in sub-paragraph (3) and the notification required in sub-paragraph (4).

(6)The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignation of the agreement.]

Extent Information

E24This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F141Sch. 1 Pt. I paras. 9, 10 and cross-heading 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(7) (with art. 1(2)(3), 4)

F27[F28Re-siting of mobile home]E

Textual Amendments

F27Sch. 1 Pt. I para. 8(1A)-(1D) substituted for Sch. 1 Pt. I para. 8(1A)-(1I) (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(6)(c) (with art. 1(2)(3), 4)

F28Sch. 1 Pt. 1 paras. 10-29 and cross-headings substituted for Sch. 1 Pt. 1 para. 10 and cross-heading (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(6) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(6) (with arts. 1(2)(3), 4)

[F2810(1)The owner shall be entitled to require that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site (“the other pitch”) if (and only if)—E+W

(a)on the application of the owner, the [F29appropriate judicial body] is satisfied that the other pitch is broadly comparable to the occupier’s original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period; or

(b)the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier’s original pitch.

(2)If the owner requires the occupier to station the mobile home on the other pitch so that he can replace, or carry out repairs to, the base on which the mobile home is stationed, he must if the occupier so requires, or the [F30appropriate judicial body] on the application of the occupier so orders, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs.

(3)The owner shall pay all the costs and expenses incurred by the occupier in connection with his mobile home being moved to and from the other pitch.

(4)In this paragraph and in paragraph 13 below, “essential repair or emergency works” means—

(a)repairs to the base on which the mobile home is stationed;

(b)works or repairs needed to comply with any relevant legal requirements; or

(c)works or repairs in connection with restoration following flood, landslide or other natural disaster.]

Extent Information

E5This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F14110(1)The owner is entitled to require that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site (“the other pitch”) if (and only if)—S

(a)on the application of the owner, the court is satisfied that—

(i)the other pitch is broadly comparable to the occupier’s original pitch; and

(ii)it is reasonable for the mobile home to be stationed on the other pitch for that period; or

(b)the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier’s original pitch.

(2)If the owner requires the occupier to station the mobile home on the pitch under sub-paragraph (1), the owner must, if the occupier so requires, secure that the mobile home is returned to the original pitch—

(a)where sub-paragraph (1)(a) applies, on the expiry of the period mentioned in sub-paragraph (1); or

(b)where sub-paragraph (1)(b) applies, on the completion of the essential repair or emergency works.

(3)Sub-paragraph (2) does not apply where the original pitch cannot be used as a pitch.

(4)The owner shall pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch.]

Extent Information

E25This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F141Sch. 1 Pt. I paras. 9, 10 and cross-heading 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(7) (with art. 1(2)(3), 4)

[F28Quiet enjoyment of the mobile home [F31Undisturbed possession of the mobile home]S

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

11E+WThe occupier shall be entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 10, 12, 13 and 14.

Extent Information

E6This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F3111(1)The occupier is entitled to undisturbed possession of the mobile home together with the pitch during the continuance of the agreement.S

(2)Sub-paragraph (1) is subject to paragraphs 10, 12, 13 and 14.]

Extent Information

E26This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Owner’s right of entry to the pitchE+W+S

F3112E+W+SThe owner may enter the pitch without prior notice between the hours of 9 a.m. and 6 p.m.

(a)to deliver written communications, including post and notices, to the occupier; and

(b)to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

F3113E+W+SThe owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

F3114E+W+SUnless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in paragraph 12 or 13 only if he has given the occupier at least 14 clear days' written notice of the date, time and reason for his visit.

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

F3115E+W+SThe rights conferred by paragraphs 12 to 14 above do not extend to the mobile home.

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

The pitch feeE+W+S

16E+WThe pitch fee can only be changed in accordance with paragraph 17, either—

(a)with the agreement of the occupier, or

(b)if the [F32appropriate judicial body], on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee.

Extent Information

E7This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F3116(1)Once reviewed, the pitch fee can only be changed at the relevant date.S

(2)For the purposes of sub-paragraph (1) “the relevant date” is—

(a)where paragraph 17(1) applies the next review date;

(b)where paragraph 19(2) applies the 28th day after the date on which the owner served the notice under paragraph 19(1); or

(c)where paragraph 20(3)(b) applies the 28th day after the date of the court order determining the amount of the pitch fee.]

Extent Information

E27This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

17(1)The pitch fee shall be reviewed annually as at the review date.E+W

(2)At least 28 clear days before the review date the owner shall serve on the occupier a written notice setting out his proposals in respect of the new pitch fee.

[F33(2A)[F34A] notice under sub-paragraph (2) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.]

(3)If the occupier agrees to the proposed new pitch fee, it shall be payable as from the review date.

(4)If the occupier does not agree to the proposed new pitch fee—

(a)the owner F35[F36... the occupier] may apply to the [F37appropriate judicial body] for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b)the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the [F37appropriate judicial body] under paragraph 16(b); and

(c)the new pitch fee shall be payable as from the review date but the occupier shall not be treated as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the [F37appropriate judicial body] order determining the amount of the new pitch fee.

(5)An application under sub-paragraph (4)(a) may be made at any time after the end of the period of 28 days beginning with the review date [F38but F39... no later than three months after the review date].

(6)Sub-paragraphs (7) to (10) apply if the owner—

(a)has not served the notice required by sub-paragraph (2) by the time by which it was required to be served, but

(b)at any time thereafter serves on the occupier a written notice setting out his proposals in respect of a new pitch fee.

[F40(6A)[F41A] notice under sub-paragraph (6)(b) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.]

(7)If (at any time) the occupier agrees to the proposed pitch fee, it shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(8)If the occupier has not agreed to the proposed pitch fee—

(a)the owner [F42or F43... the occupier] may apply to the [F37appropriate judicial body] for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b)the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the [F37appropriate judicial body] under paragraph 16(b); and

(c)if the [F37appropriate judicial body] makes such an order, the new pitch fee shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(9)An application under sub-paragraph (8) may be made at any time after the end of the period of 56 days beginning with date on which the owner serves the notice under sub-paragraph (6)(b) [F44but F45... no later than four months after the date on which the owner serves that notice].

[F46(9A)A tribunal may permit an application under sub-paragraph (4)(a) or (8)(a) F47... to be made to it outside the time limit specified in sub-paragraph (5) (in the case of an application under sub-paragraph (4)(a)) or in sub-paragraph (9) (in the case of an application under sub-paragraph (8)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.]

(10)The occupier shall not be treated as being in arrears—

(a)where sub-paragraph (7) applies, until the 28th day after the date on which the new pitch fee is agreed; or

(b)where sub-paragraph (8)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the [F37appropriate judicial body] order determining the amount of the new pitch fee.

[F48(11)Sub-paragraph (12) applies if a tribunal, on the application of the occupier of a pitch F49..., is satisfied that—

(a)a notice under sub-paragraph (2) or (6)(b) was of no effect as a result of sub-paragraph (2A) or (6A), but

(b)the occupier nonetheless paid the owner the pitch fee proposed in the notice.

(12)The tribunal may order the owner to pay the occupier, within the period of 21 days beginning with the date of the order, the difference between—

(a)the amount which the occupier was required to pay the owner for the period in question, and

(b)the amount which the occupier has paid the owner for that period.]

Extent Information

E8This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F33Sch. 1 Pt. I Ch. 2 para. 17(2A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(a), 15(3) (with s. 11(7))

F34Word in Sch. 1 Pt. I Ch. 2 para. 17(2A) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F35Words in Sch. 1 Pt. I Ch. 2 para. 17(4)(a) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F36Words in Sch. 1 Pt. I Ch. 2 para. 17(4)(a) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(b), 15(3) (with s. 11(7))

F40Sch. 1 Pt. I Ch. 2 para. 17(6A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(c), 15(3) (with s. 11(7))

F41Word in Sch. 1 Pt. I Ch. 2 para. 17(6A) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(iii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F42Words in Sch. 1 Pt. I Ch. 2 para. 17(8)(a) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(d), 15(3) (with s. 11(7))

F43Words in Sch. 1 Pt. I Ch. 2 para. 17(8)(a) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(iv) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F48Sch. 1 Pt. I Ch. 2 paras. 17(11)(12) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(e), 15(3) (with s. 11(7))

F49Words in Sch. 1 Pt. I Ch. 2 para. 17(11) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(g)(v) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

[F3117(1)The pitch fee may be reviewed at the review date if, at least 28 clear days before that review date, the owner has served on the occupier a written notice setting out the owner’s proposal in respect of the new pitch fee.S

(2)The notice referred to in sub-paragraph (1) must set out the services which the agreement provides that are included in the pitch fee proposed by the owner.

(3)If at any time the occupier agrees to the proposed pitch fee it shall be payable as from the review date.

(4)If the occupier does not agree to the proposed pitch fee the owner or the occupier may apply to the court for an order determining the amount of the new pitch fee.

(5)An application under sub-paragraph (4) may be made at any time after the end of the period of 28 days beginning with the review date.]

Extent Information

E28This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

18(1)When determining the amount of the new pitch fee particular regard shall be had to—E+W

(a)any sums expended by the owner since the last review date on improvements—

(i)which are for the benefit of the occupiers of mobile homes on the protected site;

(ii)which were the subject of consultation in accordance with paragraph 22(e) and (f) below; and

(iii)to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the [F50appropriate judicial body], on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

[F51(aa)F52... any deterioration in the condition, and any decrease in the amenity, of the site or any adjoining land which is occupied or controlled by the owner since the date on which this paragraph came into force (in so far as regard has not previously been had to that deterioration or decrease for the purposes of this sub-paragraph);

(ab)F52... any reduction in the services that the owner supplies to the site, pitch or mobile home, and any deterioration in the quality of those services, since the date on which this paragraph came into force (in so far as regard has not previously been had to that reduction or deterioration for the purposes of this sub-paragraph);]

F53(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54(ba)F55... any direct effect on the costs payable by the owner in relation to the maintenance or management of the site of an enactment which has come into force since the last review date; and]

F56(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F57(1A)ButF58... no regard shall be had, when determining the amount of the new pitch fee, to any costs incurred by the owner since the last review date for the purpose of compliance with the amendments made to this Act by the Mobile Homes Act 2013.]

(2)When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(b)(iii) each mobile home is to be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.

(3)In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.

Extent Information

E9This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F51Sch. 1 Pt. I Ch. 2 paras. 18(1)(aa)(ab) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(3)(a), 15(3) (with s. 11(7))

F52Words in Sch. 1 Pt. I Ch. 2 paras. 18(1)(aa)(ab) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(h)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F53Sch. 1 Pt. I Ch. 2 para. 18(1)(b) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(h)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F54Sch. 1 Pt. I Ch. 2 para. 18(1)(ba) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(3)(d), 15(3) (with s. 11(7))

F55Words in Sch. 1 Pt. I Ch. 2 para. 18(1)(ba) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(h)(iii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F56Sch. 1 Pt. I Ch. 2 para. 18(1)(c) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(h)(iv) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F57Sch. 1 Pt. I Ch. 2 para. 18(1A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(3)(f), 15(3) (with s. 11(7))

F58Words in Sch. 1 Pt. I Ch. 2 para. 18(1A) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(h)(v) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

[F3118(1)If the owner has not served a notice under paragraph 17(1) by the time by which it required to be served, the occupier can serve a notice (“a review request”) on the owner requesting the owner to serve a notice under paragraph 19(1).S

(2)If the owner fails to serve a notice under paragraph 19(1) within the period of 28 days beginning with the date the occupier served the review request then the occupier may apply to the court for an order determining the amount of the new pitch fee.]

Extent Information

E29This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

19[F59(1)]When determining the amount of the new pitch fee, any costs incurred by the owner in connection with expanding the protected site shall not be taken into account.E+W

[F60(2)F61... When determining the amount of the new pitch fee, no regard may be had to any costs incurred by the owner in relation to the conduct of proceedings under this Act or the agreement.]

[F62(3)[F63When] when determining the amount of the new pitch fee, no regard may be had to any fee required to be paid by the owner by virtue of—

(a)section 8(1B) of the Caravan Sites and Control of Development Act 1960 (fee for application for site licence conditions to be altered);

(b)section 10(1A) of that Act (fee for application for consent to transfer site licence).]

[F64(4)[F63When] determining the amount of the new pitch fee, no regard may be had to any costs incurred by the owner in connection with—

(a)any action taken by a local authority under sections 9A to 9I of the Caravan Sites and Control of Development Act 1960 (breach of licence condition, emergency action etc.);

(b)the owner being convicted of an offence under section 9B of that Act (failure to comply with compliance notice).]

Extent Information

E10This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F59Sch. 1 Pt. 1 Ch. 2 para. 19 renumbered as Sch. 1 Pt. 1 Ch. 2 para. 19(1) (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)(k)(i)

F61Words in Sch. 1 Pt. I Ch. 2 para. 19(2) 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)(l) (with art. 5)

F62Sch. 1 Pt. I Ch. 2 para. 19(3) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 1(8), 15(1)

F63Word in Sch. 1 Pt. I Ch. 2 paras. 19(3)(4) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F64Sch. 1 Pt. I Ch. 2 para. 19(4) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(4), 15(3) (with s. 11(7))

[F3119(1)The pitch fee may be reviewed at a date after the review date if the owner serves on the occupier a written notice setting out the owner’s proposals in respect of a new pitch fee.S

(2)If at any time the occupier agrees to the proposed pitch fee, it shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (1).

(3)If the occupier does not agree to the proposed pitch fee the owner or the occupier may apply to the court for an order determining the amount of the new pitch fee.

(4)An application under sub-paragraph (3) may be made at any time after the end of the period of 56 days beginning with the date on which the owner serves the notice under sub-paragraph (1).]

Extent Information

E30This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

20[F65(A1)[F66Unless] this would be unreasonable having regard to paragraph 18(1), there is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the [F67consumer prices index] calculated by reference only to—E+W

(a)the latest index, and

(b)the index published for the month which was 12 months before that to which the latest index relates.

(A2)In sub-paragraph (A1), “the latest index”—

(a)in a case where the owner serves a notice under paragraph 17(2), means the last index published before the day on which that notice is served;

(b)in a case where the owner serves a notice under paragraph 17(6), means the last index published before the day by which the owner was required to serve a notice under paragraph 17(2).]

F68(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68(2)Paragraph 18(3) above applies for the purposes of this paragraph as it applies for the purposes of paragraph 18.]

Extent Information

E11This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F65Sch. 1 Pt. I Ch. 2 paras. 20(A1)(A2) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(5)(a), 15(3) (with s. 11(7))

F66Word in Sch. 1 Pt. I Ch. 2 para. 20(A1) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(j)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F68Sch. 1 Pt. I Ch. 2 paras. 20(1)(2) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(j)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

[F3120(1)Where an application is made to the court under paragraphs 17(4), 18(2) or 19(3), the court shall, if the court considers it reasonable for the pitch fee to be changed, make an order determining the amount of the new pitch fee.S

(2)The occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the court.

(3)If the court makes such an order, the new pitch fee shall be payable—

(a)where the application was made under paragraph 17(4), as from the review date;

(b)where the application was made under paragraphs 18(2) or 19(3), as from the 28th day after the date of the court order determining the amount of the pitch fee.]

Extent Information

E31This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

X1Occupier’s obligationsE+W+S

Editorial Information

X1The cross-heading "Occupier’s obligations" inserted (S.) before Sch. 1 Pt. 1 para. 24 in the Scottish version of Sch. 1 Pt. 1 (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

21E+WThe occupier shall—

(a)pay the pitch fee to the owner;

(b)pay to the owner all sums due under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner;

(c)keep the mobile home in a sound state of repair;

(d)maintain—

(i)the outside of the mobile home, and

(ii)the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home,

in a clean and tidy condition; and

(e)if requested by the owner, provide him with documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement.

Extent Information

E12This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F3121SThe occupier shall not be treated as being in arrears—

(a)where either paragraph 17(3) or 19(2) applies, until the 28th day after the date on which the new pitch fee is agreed; or

(b)where paragraph 20(3) applies until the 28th day after the date of the court order determining the amount of the new pitch fee.]

Extent Information

E32This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

X2Owner’s obligationsE+W+S

Editorial Information

X2The cross-heading "Owner’s obligations" inserted (S.) before Sch. 1 Pt. 1 para. 25 in the Scottish version of Sch. 1 Pt. 1 (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

22E+WThe owner shall—

(a)if requested by the occupier, and on payment by the occupier of a charge of not more than £30, provide accurate written details of—

(i)the size of the pitch and the base on which the mobile home is stationed; and

(ii)the location of the pitch and the base within the protected site;

and such details must include measurements between identifiable fixed points on the protected site and the pitch and the base;

(b)if requested by the occupier, provide (free of charge) documentary evidence in support and explanation of—

(i)any new pitch fee;

(ii)any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement; and

(iii)any other charges, costs or expenses payable by the occupier to the owner under the agreement;

(c)be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home;

(d)maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site;

(e)consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee; and

(f)consult a qualifying residents' association, if there is one, about all matters which relate to the operation and management of, or improvements to, the protected site and may affect the occupiers either directly or indirectly.

Extent Information

E13This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F3122(1)When determining the amount of the new pitch fee particular regard shall be had to—S

(a)any sums expended by the owner since the last review date on improvements—

(i)which are for the benefit of the occupiers of mobile homes on the protected site;

(ii)which were the subject of consultation in accordance with paragraph 25(e) and (f); and

(iii)to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the court, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

(b)any decrease in the amenity of the protected site or the facilities and services provided on that site since the last review date; and

(c)the effect of any enactment, other than an order made under paragraph 8(2), which has come into force since the last review date.

(2)When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home who has responded to the consultation, its occupier is to be taken to be the occupier whose name first appears on the agreement.

(3)In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.]

Extent Information

E33This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

23E+WThe owner shall not do or cause to be done anything which may adversely affect the ability of the occupier to perform his obligations under paragraph 21(c) and (d) above.

Extent Information

E14This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F3123(1)When determining the amount of the new pitch fee—S

(a)any costs incurred by the owner in connection with expanding the protected site shall not be taken into account; and

(b)there is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the retail prices index since the last review date, unless this would be unreasonable having regard to paragraph 22(1).

(2)In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.]

Extent Information

E34This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

24E+WFor the purposes of paragraph 22(e) above, to “consult” the occupier means—

(a)to give the occupier at least 28 clear days' notice in writing of the proposed improvements which—

(i)describes the proposed improvements and how they will benefit the occupier in the long and short term;

(ii)details how the pitch fee may be affected when it is next reviewed; and

(iii)states when and where the occupier can make representations about the proposed improvements; and

(b)to take into account any representations made by the occupier about the proposed improvements, in accordance with paragraph (a)(iii), before undertaking them.

Extent Information

E15This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

X3[F3124SThe occupier must—

(a)pay the pitch fee to the owner;

(b)pay to the owner all sums due under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner;

(c)keep the mobile home in a sound state of repair;

(d)maintain in a clean and tidy condition—

(i)the outside of the mobile home; and

(ii)the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home; and

(e)if requested by the owner, provide documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement.]

Extent Information

E35This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Editorial Information

X3The cross-heading "Occupier’s obligations" inserted (S.) before Sch. 1 Pt. 1 para. 24 in the Scottish version of Sch. 1 Pt. 1 (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

25E+WFor the purposes of paragraph 22(f) above, to “consult” a qualifying residents' association means—

(a)to give the association at least 28 clear days' notice in writing of the matters referred to in paragraph 22(f) which—

(i)describes the matters and how they may affect the occupiers either directly or indirectly in the long and short term; and

(ii)states when and where the association can make representations about the matters; and

(b)to take into account any representations made by the association, in accordance with paragraph (a)(ii), before proceeding with the matters.

Extent Information

E16This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

X4[F3125SThe owner must—

(a)if requested by the occupier, provide, free of charge, documentary evidence in support and explanation of—

(i)any new pitch fee;

(ii)any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement; and

(iii)any other charges, costs or expenses payable by the occupier to the owner under the agreement;

(b)if requested by the occupier, provide, free of charge, a copy of the current public liability insurance certificate in respect of the protected site;

(c)be responsible for repairing, and where necessary renewing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home;

(d)maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site;

(e)consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee; and

(f)consult a qualifying residents’ association, if there is one, about all matters which relate to the operation and management of, or improvements to, the protected site and may affect the occupiers either directly or indirectly.]

Extent Information

E36This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Editorial Information

X4The cross-heading "Owner’s obligations" inserted (S.) before Sch. 1 Pt. 1 para. 25 in the Scottish version of Sch. 1 Pt. 1 (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

[F6925A(1)The document referred to in paragraph 17(2A) and (6A) must—E+W

(a)be in such form as the Secretary of State may by regulations prescribe,

(b)specify any percentage increase or decrease in the [F70consumer prices index] calculated in accordance with paragraph 20(A1),

(c)explain the effect of paragraph 17,

(d)specify the matters to which the amount proposed for the new pitch fee is attributable,

(e)refer to the occupier's obligations in paragraph 21(c) to (e) and the owner's obligations in paragraph 22(c) and (d), and

(f)refer to the owner's obligations in paragraph 22(e) and (f) (as glossed by paragraphs 24 and 25).

(2)Regulations under this paragraph must be made by statutory instrument.

(3)The first regulations to be made under this paragraph are subject to annulment in pursuance of a resolution of either House of Parliament.

(4)But regulations made under any other provision of this Act which are subject to annulment in pursuance of a resolution of either House of Parliament may also contain regulations made under this paragraph.]

Textual Amendments

Owner’s name and addressE+W+S

26(1)The owner shall by notice inform the occupier and any qualifying residents' association of the address in England or Wales at which notices (including notices of proceedings) may be served on him by the occupier or a qualifying residents' association.E+W

(2)If the owner fails to comply with sub-paragraph (1), then (subject to sub-paragraph (5) below) any amount otherwise due from the occupier to the owner in respect of the pitch fee shall be treated for all purposes as not being due from the occupier to the owner at any time before the owner does so comply.

(3)Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents' association, the notice must contain the following information—

(a)the name and address of the owner; and

(b)if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner.

(4)Subject to sub-paragraph (5) below, where—

(a)the occupier or a qualifying residents' association receives such a notice, but

(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (3) above,

the notice shall be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.

(5)An amount or notice within sub-paragraph (2) or (4) (as the case may be) shall not be treated as mentioned in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.

(6)Nothing in sub-paragraphs (3) to (5) applies to any notice containing a demand to which paragraph 27(1) below applies.

Extent Information

E17This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F3126SThe owner must not do or cause to be done anything which may adversely affect the ability of the occupier to perform the occupier’s obligations under paragraph 24(c) and (d).]

Extent Information

E37This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

27(1)Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain—E+W

(a)the name and address of the owner; and

(b)if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner.

(2)Subject to sub-paragraph (3) below, where—

(a)the occupier receives such a demand, but

(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (1),

the amount demanded shall be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.

(3)The amount demanded shall not be so treated in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.

Extent Information

E18This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F3127SFor the purposes of paragraph 25(e), to “consult the occupier” means—

(a)to give the occupier at least 28 clear days’ notice in writing of—

(i)the proposed improvements and how they will benefit the occupier in the long and short term;

(ii)how the pitch fee may be affected when it is next reviewed; and

(iii)when and where the occupier can make representations about the proposed improvements; and

(b)to take into account any representations made by the occupier about the proposed improvements, in accordance with paragraph (a)(iii), before undertaking them.]

Extent Information

E38This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

Qualifying residents' associationE+W+S

28(1)A residents' association is a qualifying residents' association in relation to a protected site if—E+W

(a)it is an association representing the occupiers of mobile homes on that site;

(b)at least 50 per cent. of the occupiers of the mobile homes on that site are members of the association;

(c)it is independent from the owner, who together with any agent or employee of his is excluded from membership;

(d)subject to paragraph(c) above, membership is open to all occupiers who own a mobile home on that site;

(e)it maintains a list of members which is open to public inspection together with the rules and constitution of the residents' association;

(f)it has a chairman, secretary and treasurer who are elected by and from among the members;

(g)with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each mobile home; and

(h)the owner has acknowledged in writing to the secretary that the association is a qualifying residents' association, or, in default of this, the [F71appropriate judicial body] has so ordered.

(2)When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b) above, each mobile home shall be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.

Extent Information

E19This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F3128SFor the purposes of paragraph 25(f), to “consult a qualifying residents’ association” means—

(a)to give the association at least 28 clear days’ notice in writing of—

(i)the matters mentioned in paragraph 25(f) and how they may affect the occupiers either directly or indirectly in the long and short term; and

(ii)when and where the association can make representations about the matters; and

(b)to take into account any representations made by the association, in accordance with paragraph (a)(ii), before proceeding with the matters.]

Extent Information

E39This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F31Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (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(8) (with art. 1(2)(3), 4)

Interpretation [F31Owner’s name and address]E+W+S

29E+WIn [F72this Chapter]—

  • F73...

  • [F74“consumer prices index” means the general index for consumer prices published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board;]

  • “pitch fee” means the amount which the occupier is required by the agreement to pay to the owner for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water and sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts;

  • F75...

  • “review date” means the date specified in the written statement as the date on which the pitch fee will be reviewed in each year, or if no such date is specified, each anniversary of the date the agreement commenced; and

  • “written statement” means the written statement that the owner of the protected site is required to give to the occupier by section 1(2) of this Act.]

Extent Information

E20This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F3129(1)The owner must, by notice, inform the occupier and any qualifying residents’ association of the address in Scotland at which notices (including notices of proceedings) may be served on the owner by the occupier or association.S

(2)If the owner fails to comply with sub-paragraph (1), then (subject to sub-paragraph (5)) any amount otherwise due from the occupier to the owner in respect of the pitch fee shall be treated for all purposes as not being due at any time before the owner does so comply.

(3)Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents’ association, the notice must contain the following information—

(a)the name and address of the owner; and

(b)if that address is not in Scotland, an address in Scotland at which notices (including notices of proceedings) may be served on the owner.

(4)Subject to sub-paragraph (5), where—

(a)the occupier or a qualifying residents’ association receives a written notice, but

(b)it does not contain the information required by sub-paragraph (3),

the notice shall be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.

(5)An amount or notice within sub-paragraph (2) or (4) (as the case may be) shall not be treated as mentioned in that sub-paragraph in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.

(6)Nothing in sub-paragraphs (3) to (5) applies to any notice containing a demand to which paragraph 30(1) applies.]

Extent Information

E40This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

[F3130.(1)Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain—S

(a)the name and address of the owner; and

(b)if that address is not in Scotland, an address in Scotland at which notices (including notices of proceedings) may be served on the owner.

(2)Subject to sub-paragraph (3), where—

(a)the occupier receives such a demand; but

(b)it does not contain the information required by sub-paragraph (1),

the amount demanded shall be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.

(3)The amount demanded shall not be treated as mentioned in sub-paragraph (2) in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.]

[F31Qualifying residents’ associationS

31.(1)A residents’ association is a qualifying residents’ association in relation to a protected site if—S

(a)it represents the occupiers of mobile homes on the site;

(b)at least 50% of the occupiers of the mobile homes on the site are members of the association;

(c)it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;

(d)subject to paragraph (c), membership is open to all occupiers who own a mobile home on that site;

(e)it maintains a list of members which is open to public inspection together with the rules and constitution of the association;

(f)it has a chairman, secretary and treasurer who are elected by and from the members; and

(g)with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote exercisable by the occupier for each mobile home.

(2)When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b) and determining who shall exercise the vote in relation to sub-paragraph (1)(g), each mobile home shall be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home who is a member of the association or who exercises any vote, its occupier is to be taken to be the occupier whose name first appears on the agreement.]

[F31InterpretationS

32.SIn this Schedule—

  • “caravan site” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960;

  • “essential repair or emergency works” means—

    (a)

    repairs to or replacement of the base on which the mobile home is stationed;

    (b)

    repairs or works needed to comply with any relevant legal requirements; or

    (c)

    repairs or works in connection with restoration following flood, landslide or other natural disaster;

  • “gypsies and travellers” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling show people or persons engaged in travelling circuses, travelling together as such;

  • “local authority gypsy and traveller site” means any land which—

    (a)

    is occupied by a local authority as a caravan site providing accommodation for gypsies and travellers; and

    (b)

    is a protected site;

  • “pitch” means the land, forming part of the protected site and including any garden area, on which the occupier is entitled to station the mobile home under the terms of the agreement;

  • “pitch fee” means the amount which the occupier is required by the agreement to pay to the owner for—

    (a)

    the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance; and

    (b)

    water and sewerage services, unless the same are specifically excluded from forming part of the pitch fee by the agreement;

    but the pitch fee does not include amounts due in respect of gas, electricity or other services, unless the agreement expressly provides that the pitch fee includes such amounts;

  • “registered social landlord” means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010;

  • “registered social landlord gypsy and traveller site” means any land which—

    (a)

    is occupied by a registered social landlord as a caravan site providing accommodation for gypsies and travellers; and

    (b)

    is a protected site;

  • “retail prices index” means the general index (for all items) published by the Office for National Statistics or, if that index is not published for a relevant month, any substituted index or index figures published by that Office;

  • “review date” means the date specified in the written statement as the date on which the pitch fee will be reviewed in each year, or if no such date is specified, each anniversary of the date the agreement commenced; and

  • “written statement” means the written statement that the owner of the protected site is required to give to the occupier by section 1(2) of this Act.]

[F76CHAPTER 3E+W+SAgreements relating to transit pitches F77... on a local authority gypsy and traveller site or a county council gypsy and traveller site

Textual Amendments

F77Words in Sch. 1 Pt. I Ch. 3 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(k) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

Duration of agreementE+W+S

1.Subject to paragraph 2, the right to station the mobile home on the transit pitch subsists until the fixed period set out in the agreement expires or termination of the agreement under paragraph 3 or 4, whichever is sooner.

2.(1)If the owner’s estate or interest is insufficient to enable the owner to grant the right for the fixed period set out in the agreement, the period for which the right subsists does not extend beyond the date when the owner’s estate or interest determines.

(2)If planning permission for the use of the protected site as a site for mobile homes has been granted in such terms that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires.

(3)If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it requires the owner to limit the duration of stay for mobile homes on the site, the period for which the right subsists does not extend beyond that duration.

Early termination by occupierE+W+S

3.The occupier may terminate the agreement before the expiry of the fixed period set out in the agreement by giving written notice to the owner.

Early termination by ownerE+W+S

4.The owner may terminate the agreement before the expiry of the fixed period set out in the agreement—

(a)without being required to show any reason, by giving written notice not less than four weeks before the date on which that notice is to take effect, or

(b)forthwith, where—

(i)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

(ii)the owner considers it reasonable for the agreement to be terminated.

Recovery of overpayments by occupierE+W+S

5.Where the agreement is terminated as mentioned in paragraph 3 or 4, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination.

Quiet enjoyment of the mobile homeE+W+S

6.The occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 7, 8 and 9.

Owner’s right of entry to the pitchE+W+S

7.The owner may enter the pitch without prior notice between the hours of 9am and 6pm—

(a)to deliver written communications, including post and notices, to the occupier; and

(b)to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.

8.(1)The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.

(2)In this paragraph, “essential repair or emergency works” means—

(a)repairs to the base on which the mobile home is stationed;

(b)repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses;

(c)works or repairs needed to comply with any relevant legal requirements; or

(d)works or repairs in connection with restoration following flood, landslide or other natural disaster.

9.Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in paragraph 7 or 8 only if the owner has given the occupier at least 14 clear days’ written notice of the date, time and reason for the owner’s visit.

10.The rights conferred by paragraphs 7 to 9 do not extend to the mobile home.

Owner’s name and addressE+W+S

11.(1)The owner must by notice inform the occupier of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier.

(2)If the owner fails to comply with sub-paragraph (1), then any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner does so comply.

(3)Where in accordance with the agreement the owner gives any written notice to the occupier the notice must contain the name and address of the owner.

(4)Where—

(a)the occupier receives such a notice, but

(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (3),

the notice is to be treated as not having been given until such time as the owner gives the information to the occupier in respect of the notice.

(5)Nothing in sub-paragraphs (3) and (4) applies to any notice containing a demand to which paragraph 12(1) applies.

12.(1)Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain the name and address of the owner.

(2)Where—

(a)the occupier receives such a demand, but

(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (1),

the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.

InterpretationE+W+S

13.In this Chapter, “pitch fee” means the amount which the occupier is required by the agreement to pay to the owner for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water, sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts.

CHAPTER 4E+W+SAgreements relating to permanent pitches F78... on a local authority gypsy and traveller site or a county council gypsy and traveller site

Textual Amendments

F78Words in Sch. 1 Pt. I Ch. 4 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(k) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

Duration of agreementE+W+S

1.Subject to paragraph 2, the right to station the mobile home on land forming part of the protected site subsists until the agreement is determined under paragraph 3, 4, 5 or 6.

2.(1)If the owner’s estate or interest is insufficient to enable the owner to grant the right for an indefinite period, the period for which the right subsists does not extend beyond the date when the owner’s estate or interest determines.

(2)If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires.

(3)If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account is to be taken of that change.

Termination by occupierE+W+S

3.The occupier is entitled to terminate the agreement by notice in writing given to the owner not less than four weeks before the date on which it is to take effect.

Termination by ownerE+W+S

4.The owner is entitled to terminate the agreement forthwith if, on the application of the owner, the [F79court][F79appropriate 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

5.The owner is entitled to terminate the agreement forthwith if, on the application of the owner, the [F80court][F80appropriate judicial body]—

(a)is satisfied that the occupier is not occupying the mobile home as the occupier’s only or main residence; and

(b)considers it reasonable for the agreement to be terminated.

Textual Amendments

6.(1)The owner is entitled to terminate the agreement forthwith if—

(a)on the application of the owner, [F81the court][F81a 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 [F82court][F82appropriate judicial body], having regard to [F83its determination][F83the 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 [F84court][F84tribunal] under sub-paragraph (1)(a)—

(a)the [F84court][F84tribunal] 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 [F84court][F84tribunal] that the occupier intends to carry out those repairs.

(3)In such a case the [F85court][F85tribunal] 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 [F85court][F85tribunal] considers reasonable to enable the repairs to be carried out.

(4)If the [F86court][F86tribunal] 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.

Textual Amendments

Assignment of agreement in WalesE+W+S

F876A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Sch. 1 Pt. I Ch. 4 paras. 6A, 6B omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(l) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

Application in relation to assignment in WalesE+W+S

F876B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Sch. 1 Pt. I Ch. 4 paras. 6A, 6B omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(l) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

Recovery of overpayments by occupierE+W+S

7.Where the agreement is terminated as mentioned in paragraph 3, 4, 5 or 6, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination.

Re-siting of mobile homeE+W+S

8.(1)The owner is entitled to require that the occupier’s right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site or a pitch forming part of another protected site (“the other pitch”) if (and only if)—

(a)on the application of the owner, [F88the court][F88a tribunal] is satisfied that the other pitch is broadly comparable to the occupier’s original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period; or

(b)the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier’s original pitch.

F89(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)If the owner requires the occupier to station the mobile home on the other pitch so that the owner can replace, or carry out repairs to, the base on which the mobile home is stationed, the owner must if the occupier so requires, or [F88the court][F88a tribunal] on the application of the occupier so orders, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs.

(3)The owner must pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch.

(4)In this paragraph and in paragraph 11, “essential repair or emergency works” means—

(a)repairs to the base on which the mobile home is stationed;

(b)repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses;

(c)works or repairs needed to comply with any relevant legal requirements; or

(d)works or repairs in connection with restoration following flood, landslide or other natural disaster.

Textual Amendments

F89Sch. 1 Pt. I Ch. 4 para. 8(1A) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(m) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

Quiet enjoyment of the mobile homeE+W+S

9.The occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 8, 10, 11 and 12.

Owner’s right of entry to the pitchE+W+S

10.The owner may enter the pitch without prior notice between the hours of 9am and 6pm—

(a)to deliver written communications, including post and notices, to the occupier; and

(b)to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.

11.The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.

12.Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in paragraph 10 or 11 only if the owner has given the occupier at least 14 clear days’ written notice of the date, time and reason for the owner’s visit.

13.The rights conferred by paragraphs 10 to 12 do not extend to the mobile home.

The pitch feeE+W+S

14.The pitch fee can only be changed in accordance with paragraph 15, either—

(a)with the agreement of the occupier, or

(b)if [F90the court][F90a tribunal], on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee.

Textual Amendments

15.(1)The pitch fee will be reviewed annually as at the review date.

(2)At least 28 clear days before the review date the owner must serve on the occupier a written notice setting out the owner’s proposals in respect of the new pitch fee.

(3)If the occupier agrees to the proposed new pitch fee, it is payable as from the review date.

(4)If the occupier does not agree to the proposed new pitch fee—

(a)the owner may apply to [F91the court][F91a tribunal] for an order under paragraph 14(b) determining the amount of the new pitch fee;

(b)the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by [F91the court][F91a tribunal] under paragraph 14(b); and

(c)the new pitch fee is payable as from the review date but the occupier is not to be treated as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of [F91the court][F91a tribunal] order determining the amount of the new pitch fee.

(5)An application under sub-paragraph (4)(a) may be made at any time after the end of the period of 28 days beginning with the review date but no later than three months after the review date.

(6)Sub-paragraphs (7) to (11) apply if the owner—

(a)has not served the notice required by sub-paragraph (2) by the time by which it was required to be served, but

(b)at any time thereafter serves on the occupier a written notice setting out the owner’s proposals in respect of a new pitch fee.

(7)If (at any time) the occupier agrees to the proposed pitch fee, it is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(8)If the occupier has not agreed to the proposed pitch fee—

(a)the owner may apply to [F92the court][F92a tribunal] for an order under paragraph 14(b) determining the amount of the new pitch fee;

(b)the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by [F92the court][F92a tribunal] under paragraph 14(b); and

(c)if [F92the court][F92a tribunal] makes such an order, the new pitch fee is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(9)An application under sub-paragraph (8) may be made at any time after the end of the period of 56 days beginning with the date on which the owner serves the notice under sub-paragraph (6)(b) but no later than four months after the date on which the owner serves that notice.

(10)[F93The court][F93A tribunal] may permit an application under sub-paragraph (4)(a) or (8)(a) to be made to it outside the time limit specified in sub-paragraph (5) (in the case of an application under sub-paragraph (4)(a)) or in sub-paragraph (9) (in the case of an application under sub-paragraph (8)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.

(11)The occupier is not to be treated as being in arrears—

(a)where sub-paragraph (7) applies, until the 28th day after the date on which the new pitch fee is agreed; or

(b)where sub-paragraph (8)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of [F94the court][F94a tribunal] order determining the amount of the new pitch fee.

Textual Amendments

16.(1)When determining the amount of the new pitch fee particular regard must be had to—

(a)any sums expended by the owner since the last review date on improvements—

(i)which are for the benefit of the occupiers of mobile homes on the protected site;

(ii)which were the subject of consultation in accordance with paragraph 20(f) and (g); and

(iii)to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, [F95the court][F95a tribunal], on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

(b)any decrease in the amenity of the protected site since the last review date; and

(c)the effect of any enactment which has come into force since the last review date.

(2)[F96When] calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.

F97(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.

Textual Amendments

F96Word in Sch. 1 Pt. I Ch. 4 para. 16(2) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(n)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F97Sch. 1 Pt. I Ch. 4 para. 16(2A) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(n)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

17.When determining the amount of the new pitch fee no regard may be had to—

(a)any costs incurred by the owner in connection with expanding the protected site, or

(b)any costs incurred by the owner in relation to the conduct of proceedings under this Act or the agreement.

18.(1)[F98There] is a presumption that the pitch fee will increase or decrease by a percentage which is no more than any percentage increase or decrease in the [F99retail prices index] [F99consumer prices index] since the last review date, unless this would be unreasonable having regard to paragraph 16(1).

F100(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Paragraph 16(3) applies for the purposes of this paragraph as it applies for the purposes of paragraph 16.

Textual Amendments

Occupier’s obligationsE+W+S

19.The occupier must—

(a)pay the pitch fee to the owner;

(b)pay to the owner all sums due under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner;

(c)keep the mobile home in a sound state of repair;

(d)maintain—

(i)the outside of the mobile home, and

(ii)the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home,

in a clean and tidy condition; and

(e)if requested by the owner, provide the owner with documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement.

Owner’s obligationsE+W+S

20.The owner must—

(a)if requested by the occupier, and on payment by the occupier of a charge of not more than £30, provide accurate written details of—

(i)the size of the pitch and the base on which the mobile home is stationed; and

(ii)the location of the pitch and the base within the protected site;

and such details must include measurements between identifiable fixed points on the protected site and the pitch and the base;

(b)if requested by the occupier, provide (free of charge) documentary evidence in support and explanation of—

(i)any new pitch fee;

(ii)any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement; and

(iii)any other charges, costs or expenses payable by the occupier to the owner under the agreement;

(c)be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home;

(d)be responsible for repairing other amenities provided by the owner on the pitch including any outhouses and facilities provided;

(e)maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site;

(f)consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee; and

(g)consult a qualifying residents’ association, if there is one, about all matters which relate to the operation and management of, or improvements to, the protected site and may affect the occupiers either directly or indirectly.

21.The owner must not do or cause to be done anything which may adversely affect the ability of the occupier to perform the occupier’s obligations under paragraph 19(c) and (d).

22.For the purposes of paragraph 20(f), to “consult” the occupier means—

(a)to give the occupier at least 28 clear days’ notice in writing of the proposed improvements which—

(i)describes the proposed improvements and how they will benefit the occupier in the long and short term;

(ii)details how the pitch fee may be affected when it is next reviewed; and

(iii)states when and where the occupier can make representations about the proposed improvements; and

(b)to take into account any representations made by the occupier about the proposed improvements, in accordance with paragraph (a)(iii), before undertaking them.

23.For the purposes of paragraph 20(g), to “consult” a qualifying residents’ association means—

(a)to give the association at least 28 clear days’ notice in writing of the matters referred to in paragraph 20(g) which—

(i)describes the matters and how they may affect the occupiers either directly or indirectly in the long and short term; and

(ii)states when and where the association can make representations about the matters; and

(b)to take into account any representations made by the association, in accordance with paragraph (a)(ii), before proceeding with the matters.

Owner’s name and addressE+W+S

24.(1)The owner must by notice inform the occupier and any qualifying residents’ association of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier or a qualifying residents’ association.

(2)If the owner fails to comply with sub-paragraph (1), then any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner does so comply.

(3)Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents’ association, the notice must contain the name and address of the owner.

(4)Where—

(a)the occupier or a qualifying residents’ association receives such a notice, but

(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (3),

the notice is to be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.

(5)Nothing in sub-paragraphs (3) and (4) applies to any notice containing a demand to which paragraph 25(1) applies.

25.(1)Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain the name and address of the owner.

(2)Where—

(a)the occupier receives such a demand, but

(b)it does not contain the information required to be contained in it by virtue of sub-paragraph (1),

the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand.

Qualifying residents’ associationE+W+S

26.(1)A residents’ association is a qualifying residents’ association in relation to a protected site if—

(a)it is an association representing the occupiers of mobile homes on that site;

(b)at least 50 per cent of the occupiers of the mobile homes on that site are members of the association;

(c)it is independent from the owner, who together with any agent or employee of the owner is excluded from membership;

(d)subject to paragraph (c), membership is open to all occupiers who own a mobile home on that site;

(e)it maintains a list of members which is open to public inspection together with the rules and constitution of the residents’ association;

(f)it has a chair, secretary and treasurer who are elected by and from among the members;

(g)with the exception of administrative decisions taken by the chair, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only one vote for each mobile home; and

(h)the owner has acknowledged in writing to the secretary that the association is a qualifying residents’ association, or, in default of this, [F101the court][F101a tribunal] has so ordered.

(2)[F102When] calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b), each mobile home is to be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.

F103(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102Word in Sch. 1 Pt. I Ch. 4 para. 26(2) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(p)(i) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

F103Sch. 1 Pt. I Ch. 4 para. 26(2A) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(p)(ii) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

InterpretationE+W+S

27.In this Chapter—

  • F104...

  • [F105“consumer prices index” means the general index for consumer prices published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board;]

  • “pitch fee” means the amount which the occupier is required by the agreement to pay to the owner for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water, sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts;

  • [F106retail prices index means the general index (for all items) published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board;]

  • “review date” means the date specified in the written statement as the date on which the pitch fee will be reviewed in each year, or if no such date is specified, each anniversary of the date the agreement commenced; and

  • “written statement” means the written statement that the owner of the protected site is required to give to the occupier by section 1(2) of this Act.]

Textual Amendments

F104Words in Sch. 1 Pt. I Ch. 4 para. 27 omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(q) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

Part IIE Matters Concerning Which Terms May be Implied by [F107Appropriate Judicial Body]

Textual Amendments

F108F109F1101E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

2EThe sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid.

3EThe review at yearly intervals of the sums so payable.

4EThe provision or improvement of services available on the protected site, and the use by the occupier of such services.

5EThe preservation of the amenity of the protected site.

F111F112F1136E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114F115F1167E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F117[F118Part 3E+WSupplementary Provisions

Textual Amendments

F117Sch. 1 Pt. 3 inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(5), 270(3)(a) (with s. 207(6)(7))

[F119Sale pursuant to paragraph 7A or 7B of Chapter 2 of Part 1: provision of informationE+W

Textual Amendments

F119Sch. 1 Pt. 3 para. A1 and cross-heading inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(4), 15(3) (with savings in S.I. 2013/1168, reg. 2)

A1(1)This paragraph applies where the occupier proposes to sell the mobile home, and assign the agreement, pursuant to paragraph 7A or 7B of Chapter 2 of Part 1.E+W

(2)The occupier must, not later than 28 days before the completion of the sale of the mobile home and assignment of the agreement, provide the proposed occupier with—

(a)such documents, or documents of such description, as may be prescribed in regulations made by the Secretary of State, and

(b)such other information as may be so prescribed, in the form so prescribed.

(3)But if the proposed occupier consents in writing to the documents and other information concerned being provided by a date (“the chosen date”) which is less than 28 days before the completion of the sale and assignment of the agreement, the occupier must provide the documents and other information to the proposed occupier not later than the chosen date.

(4)The documents and other information which may be prescribed in regulations under sub-paragraph (2) include in particular—

(a)a copy of the agreement;

(b)a copy of the site rules (within the meaning given by section 2C) (if any) for the protected site on which the mobile home is stationed;

(c)details of the pitch fee payable under the agreement;

(d)a forwarding address for the occupier;

(e)in a case within paragraph 7A, information about the requirement imposed by virtue of sub-paragraph (4) of that paragraph (obligation to notify owner of completion of sale and assignment);

(f)details of the commission which would be payable by the proposed occupier by virtue of paragraph 7A(5) or 7B(8);

(g)information about such requirements as are prescribed in regulations under paragraph 7A(7) or 7B(10).

(5)Documents or other information required to be provided under this paragraph may be either delivered to the prospective purchaser personally or sent by post.

(6)A claim that a person has broken the duty under sub-paragraph (2) or (3) may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.

(7)Regulations under sub-paragraph (2) must be made by statutory instrument and may—

(a)make different provision for different cases or descriptions of case, including different provision for different areas;

(b)contain incidental, supplementary, transitional or saving provisions.

(8)The first regulations to be made under sub-paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament

(9)But regulations made under any other provision of this Act which are subject to annulment in pursuance of a resolution of either House of Parliament may also contain regulations made under sub-paragraph (2).

(10)In sub-paragraph (4)(c), “pitch fee” has the same meaning as in Chapter 2 of Part 1 of this Schedule (see paragraph 29 of that Chapter).]

Duty to forward requests under paragraph 8 or 9 [F120of Chapter 2] of Part 1E+W

Textual Amendments

1(1) This paragraph applies to—E+W

(a)a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) [F121of Chapter 2] of Part 1 (see paragraph 8(1A)), or

(b)a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) [F122of Chapter 2] of Part 1 (see paragraph 8(1A) as applied by paragraph 9(2)).

(2)If a person (“the recipient”) receives such a request and he—

(a)though not the owner, has an estate or interest in the protected site, and

(b)believes that another person is the owner (and that the other person has not received such a request),

the recipient owes a duty to the occupier 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 the recipient receives it.

(3)In paragraph 8(1B) [F123of Chapter 2] of Part 1 of this Schedule (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above.

Textual Amendments

Action for breach of duty under paragraph 1E+W

2(1)A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.E+W

(2)The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 [F124of Chapter 2] of Part 1 of this Schedule, against a person bound by that term.]]

Textual Amendments