Saving provisions – sale or gift of a mobile home2
1
This article applies where, before the commencement date, the occupier of a mobile home has served on the owner a request under paragraph 8(1A) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (sales) (including under that provision as applied by paragraph 9(2) of that Chapter (gifts)).
2
Notwithstanding the commencement of section 10 of the Act (implied terms: removal of requirement for owner to consent to sale or gift)—
a
the amendments made by that section to Schedule 1 to the 1983 Act do not apply in relation to the request; and
b
paragraph 8 or 9 (as the case may be) of Chapter 2 of Part 1 of that Schedule is to continue to apply in relation to the request without being subject to those amendments.
3
The saving in paragraph (2) ceases to apply in relation to the request if—
a
the occupier, having made an application of the kind mentioned in paragraph 8(1E) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act, or an application to a tribunal for a determination under section 4(1) of the 1983 Act (jurisdiction of the tribunal or a court: England and Wales) that the person to whom it is proposed to sell or give the mobile home is approved—
i
withdraws the application; and
ii
serves a notice in writing on the owner withdrawing the request; or
b
in any other case, the occupier serves a notice in writing on the owner withdrawing the request.
4
If, in the case of a sale, the sale of the mobile home and the assignment of the agreement take place on or after the commencement date, notwithstanding the commencement of section 10 of the Act—
a
the amendments made by that section to Chapter 2 of Part 1 of Schedule 1 to the 1983 Act do not apply in relation to commission on the sale; and
b
the Mobile Homes (Commissions) Order 19833 is to continue to have effect for the purpose of determining the amount of commission due to the owner.