SCHEDULES

SCHEDULE 1E+W+S Agreements Under Act

Part IE+W+S Terms Implied by Act

Termination by ownerE+W+S

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—

(a)

is satisfied that the occupier is not occupying the mobile home as his only or main residence; and

(b)

considers it reasonable for the agreement to be terminated.]

Textual Amendments

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

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

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))

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