PART 1AGREEMENTS FOR RESIDENTIAL OCCUPIERS ON PROTECTED SITES

2Particulars of agreements

1

In the case of a residential agreement to be made after commencement, the owner of the protected site (“the owner”) must give to the proposed occupier under the agreement a written statement which—

a

specifies the names and addresses of the parties;

b

includes particulars of the land on which the occupier is to be entitled to station the caravan that are sufficient to identify that land;

c

sets out the express terms to be contained in the agreement;

d

sets out the terms implied by section 3(1); and

e

complies with such other requirements as may be prescribed by regulations made by the Department for Social Development.

2

The written statement required by subsection (1) must be given not later than the minimum period before—

a

the date on which any agreement for the sale of the caravan to the proposed occupier is made, or

b

(if earlier) the date on which the residential agreement is made.

3

The minimum period is 28 days or such shorter period as may be agreed in writing by the proposed occupier.

4

In the case of a residential agreement made before commencement, the owner of the protected site must, not later than 28 days after commencement, give to the occupier a written statement which—

a

specifies the names and addresses of the parties;

b

includes particulars of the land on which the occupier is entitled to station the caravan that are sufficient to identify that land;

c

sets out the express terms contained in the agreement;

d

sets out the terms implied by section 3(1); and

e

complies with such other requirements as may be prescribed by regulations made by the Department for Social Development.

5

Subject to any order made by the court under section 3(3), if any express term—

a

is contained in a residential agreement, but

b

was not set out in a written statement given by the owner in accordance with this section,

the term is unenforceable by the owner or any person within section 5(1).

6

If the owner has failed to give the occupier a written statement in accordance with this section, the occupier may, at any time after the making of the agreement, apply to the court for an order requiring the owner—

a

to give the occupier a written statement which complies with paragraphs (a) to (e) of subsection (4), and

b

to do so not later than such date as is specified in the order.

7

A statement required to be given to a person under this section may be delivered to that person personally or sent to that person by post.

8

Any reference in this section to the making of a residential agreement includes a reference to any variation of an agreement by virtue of which the agreement becomes a residential agreement.

9

Regulations under this section are subject to negative resolution.