The Mobile Homes (Written Statement) (Wales) Regulations 2007

PART 2 Information about your rights

The Mobile Homes Act 1983

1.  Because you will have an agreement with a site owner which will entitle you to keep your mobile home on the owner’s site and live in it as your home, you will have certain rights under the Mobile Homes Act 1983, affecting in particular your security of tenure, the sale of your home and the review of the pitch fee.

Implied terms

2.  These rights, which are contained in the implied terms set out in Part 3 of this statement, will apply automatically and cannot be overridden, so long as your agreement continues to be one to which the 1983 Act applies.

Express terms

3.  If you are not happy with any of the express terms of your proposed agreement (as set out in Part 5 of this statement) you should discuss them with the site owner, who may agree to change them.

Right to challenge

4.  If you enter into the agreement and subsequently become dissatisfied with the express terms of the agreement you can challenge them as explained in paragraph 5. But you must do so within six months of the date on which you enter into the agreement or the date you received the written statement, whichever is the later. If you wish to challenge your agreement, you may wish to consult a solicitor or citizens' advice bureau.

5.  A challenge can be made either in the county court or before an arbitrator. You can—

(a) ask for any express terms of the agreement (those set out in Part 5 of this statement) to be changed or deleted; or

(b) ask for further terms to be included in the agreement concerning the matters set out in Part 2 of Schedule 1 to the 1983 Act (see paragraph 8 ).

The site owner can also go to court or to an arbitrator to ask for the agreement to be changed in these two ways.

6.  The appointment of an arbitrator may be provided for in one of the express terms of the agreement. If not, you and the site owner can still agree in writing to appoint an arbitrator to settle a dispute between you.

7.  The court or arbitrator must make an order on terms they consider just and equitable in the circumstances.

Further terms

8.  The matters set out in Part 2 of Schedule 1 to the 1983 Act are—

(a) the sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid;

(b) the review at yearly intervals of the sums so payable;

(c) the provision or improvement of services available on the protected site, and the use by the occupier of such services; and

(d) the preservation of the amenity of the protected site.

Time limit

9.  If no application to the court or an arbitrator is made within six months of the date on which you entered into the agreement or the date you received the written statement, whichever is the later, both you and the site owner will be bound by the terms of the agreement and will not be able to change them unless both parties agree.

Unfair terms

10.  If you consider that any of the express terms of the proposed agreement (as set out in Part 5 of this statement) are unfair, you can, in accordance with the provisions of the Unfair Terms in Consumer Contracts Regulations 1999(1), complain to the Office of Fair Trading or any qualifying body(2).

(1)

S.I. 1999/2083.

(2)

For the definition of “qualifying body” see S.I. 1999/2083.