Modifications etc. (not altering text)
C1Pt. I (ss. 1–5) applied by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 66(8), 142
(1)If in proceedings by the owner of a protected site the court makes an order for enforcing in relation thereto any such right as is mentioned in paragraph (b) of subsection (1) of section 3 of this Act, the court may (without prejudice to any power apart from this section to postpone the operation or suspend the execution of an order, and subject to the following provisions of this section) suspend the enforcement of the order for such period not exceeding twelve months from the date of the order as the court thinks reasonable.
(2)Where the court by virtue of this section suspends the enforcement of an order, it may impose such terms and conditions, including conditions as to the payment of rent or other periodical payments or of arrears of such rent or payments, as the court thinks reasonable.
(3)The court may from time to time, on the application of either party, extend, reduce or terminate the period of suspension ordered by virtue of this section, or vary any terms or conditions imposed thereunder, but shall not extend the period of suspension for more than twelve months at a time.
(4)In considering whether or how to exercise its powers under this section, the court shall have regard to all the circumstances, and in particular to the questions—
(a)whether the occupier of the caravan has failed, whether before or after the expiration or determination of the relevant residential contract, to observe any terms or conditions of that contract, any conditions of the site licence, or any reasonable rules made by the owner for the management and conduct of the site or the maintenance of caravans thereon;
(b)whether the occupier has unreasonably refused an offer by the owner to renew the residential contract or make another such contract for a reasonable period and on reasonable terms;
(c)whether the occupier has failed to make reasonable efforts to obtain elsewhere other suitable accommodation for his caravan (or, as the case may be, another suitable caravan and accommodation for it).
(5)Where the court makes such an order as is mentioned in subsection (1) of this section but suspends the enforcement of that order by virtue of this section, the court shall make no order for costs unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.
(6)[F1The court shall not suspend the enforcement of an order by virtue of this section[F2 if—
(a)no site licence under Part 1 of that Act is in force in respect of the site, and
(b)paragraph 11 or 11A of Schedule 1 to the Caravan Sites and Control of Development Act 1960 (c. 2) does not apply;]]
[F2if—
(a)no site licence under Part 1 of the Caravan Sites and Control of Development Act 1960 (c. 62) is in force in respect of the site; and
(b)paragraph 11 of Schedule 1 to that Act does not apply;]
and where a site licence in respect of the site is expressed to expire at the end of a specified period, the period for which enforcement may be suspended by virtue of this section shall not extend beyond the expiration of the licence.
Textual Amendments
F1S. 4(6)(a)(b) and word substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 211(1), 270(3)(a) (with s. 211(2))
F2S. 4(6)(a)(b) and word substituted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 171(1)(c), 195(3) (with ss. 171(3), 193); S.S.I. 2007/270, art. 3