- Latest available (Revised)
- Point in Time (30/11/2007)
- Original (As enacted)
Version Superseded: 30/04/2011
Point in time view as at 30/11/2007.
There are currently no known outstanding effects for the Mobile Homes Act 1983, Cross Heading: Termination by owner.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
4E+W+SThe owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the court—
(a)is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time; and
(b)considers it reasonable for the agreement to be terminated.
5E+W+SThe owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, [F1the court is satisfied that the occupier is not occupying the mobile home as his only or main residence.][F1the court—
is satisfied that the occupier is not occupying the mobile home as his only or main residence; and
considers it reasonable for the agreement to be terminated.]
Textual Amendments
F1Words in Sch. 1 Pt. 1 para. 5 substituted (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(2) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(2) (with arts. 1(2)(3), 4)
6(1)The owner shall be entitled to terminate the agreement [F2at the end of a relevant period][F2forthwith] if, on the application of the owner, the court is satisfied that, having regard to its F3... condition, the mobile home—E+W+S
(a)is having a detrimental effect on the amenity of the site[F4; or][F4; and]
[F5(b)is likely to have such an effect before the end of the next relevant period.]
[F5(b)the court considers it reasonable for the agreement to be terminated.]
[F6(2)In subparagraph (1) above “relevant period” means the period of five years beginning with the commencement of the agreement and each succeeding period of five years.]
[F7(3)Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—
(a)the court considers that, having regard to the present condition of the mobile home, paragraph (a) [F8or (b)] of that sub-paragraph applies to it, but
(b)it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that [F9would result in neither of those paragraphs applying to it][F9would result in sub-paragraph (1)(a) not applying to it], and
(c)the occupier indicates that he intends to carry out those repairs.
(4)In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.
The repairs must be set out in the order.
(5)If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.]
[F10(3)Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—
(a)the court considers that—
(i)having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it; but
(ii)it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it; and
(b)the occupier indicates an intention to carry out those repairs.
(4)In such a case the court may make an order setting out the repairs and adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.
(5)If the court makes such an order, the application is not to be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.]
Textual Amendments
F2Word in Sch. 1 Pt. 1 para. 6(1) substituted (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(3)(a)(i) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(3)(a)(i) (with arts. 1(2)(3), 4)
F3Words in Sch. 1 Pt. 1 para. 6 repealed (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(2)(a), 270(3)(a), Sch. 16 (with s. 207(6)(7)) and (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 169(2)(a), 195(3) (with ss. 169(5)(6), 193); S.S.I. 2007/270, art. 3
F4Word in Sch. 1 Pt. 1 para. 6(1)(a) substituted (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(3)(a)(ii) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(3)(a)(ii) (with arts. 1(2)(3), 4)
F5Sch. 1 Pt. 1 para. 6(1)(b) substituted (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(3)(a)(iii) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(3)(a)(iii) (with arts. 1(2)(3), 4)
F6Sch. 1 Pt. 1 para. 6(2) omitted (E.) (1.10.2006) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(3)(b) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(3)(b) (with arts. 1(2)(3), 4)
F7Sch. 1 Pt. 1 para. 6(3)-(5) inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 207(2)(b), 270(3)(a) (with s. 207(6)(7))
F8Words in Sch. 1 Pt. 1 para. 6(3)(a) omitted (E.) (1.10.2006) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(3)(c)(i) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(3)(c)(i) (with arts. 1(2)(3), 4)
F9Words in Sch. 1 Pt. 1 para. 6(3)(b) substituted (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(3)(c)(ii) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(3)(c)(ii) (with arts. 1(2)(3), 4)
F10Sch. 1 Pt. 1 para. 6(3)-(5) inserted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 169(2)(b), 195(3) (with ss. 169(5)(6), 193); S.S.I. 2007/270, art. 3
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: