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SCHEDULE 2E+WTERMS OF MOBILE HOME AGREEMENTS

PART 1 E+WTERMS IMPLIED BY ACT

CHAPTER 2E+WAGREEMENTS RELATING TO PITCHES EXCEPT THOSE ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES

Sale of mobile homeE+W

11(1)This paragraph applies where the occupier proposes to sell the mobile home, and assign the agreement, pursuant to paragraph 9 or 10.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 Welsh Ministers, and

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

(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 (but are not limited to)—

(a)a copy of the agreement,

(b)a copy of the site rules (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 9, information about the requirement imposed by virtue of sub-paragraph (3) of that paragraph,

(f)details of the commission which would be payable by the proposed occupier by virtue of paragraph 9(4) or 10(8),

(g)information about such requirements as are prescribed in regulations under paragraph 9(6) or 10(10).

(5)Documents or other information required to be provided under this paragraph may be 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 the same manner as any other claim in tort for breach of statutory duty.

Commencement Information

I1Sch. 2 para. 11 in force for specified purposes at 7.1.2014 by S.I. 2014/11, art. 2(b)

I2Sch. 2 para. 11 in force in so far as not already in force at 1.10.2014 by S.I. 2014/11, art. 3(1)(d) (with art. 4)