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.