Mobile Homes Act 1983

[F1 1 Particulars of agreements E+W

(1) This Act applies to any agreement under which a person (“the occupier”) is entitled—

(a) to station a mobile home on land forming part of a protected site; and

(b) to occupy the mobile home as his only or main residence.

(2) Before making an agreement to which this Act applies, the owner of the protected site (“the owner”) shall 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 proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land;

(c) sets out the express terms to be contained in the agreement [F2 (including any site rules (see section 2C))];

(d) sets out the terms to be implied by section 2(1) below; and

(e) complies with such other requirements as may be prescribed by regulations made by the appropriate national authority.

(3) The written statement required by subsection (2) above must be given—

(a) not later than 28 days before the date on which any agreement for the sale of the mobile home to the proposed occupier is made, or

(b) (if no such agreement is made before the making of the agreement to which this Act applies) not later than 28 days before the date on which the agreement to which this Act applies is made.

(4) But if the proposed occupier consents in writing to that statement being given to him by a date (“the chosen date”) which is less than 28 days before the date mentioned in subsection (3)(a) or (b) above, the statement must be given to him not later than the chosen date.

(5) If any express term [F3 other than a site rule (see section 2C)]—

(a) is contained in an agreement to which this Act applies, but

(b) was not set out in a written statement given to the proposed occupier in accordance with subsections (2) to (4) above,

the term is unenforceable by the owner or any person within section 3(1) below.

This is subject to any order made by the [F4 appropriate judicial body] under section 2(3) below.

(6) If the owner has failed to give the occupier a written statement in accordance with subsections (2) to (4) above, the occupier may, at any time after the making of the agreement, apply to the [F5 appropriate judicial body] for an order requiring the owner—

(a) to give him a written statement which complies with paragraphs (a) to (e) of subsection (2) (read with any modifications necessary to reflect the fact that the agreement has been made), 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 either delivered to him personally or sent to him by post.

(8) Any reference in this section to the making of an agreement to which this Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which this Act applies.

[F6 (8A) Subsections (3), (4) and (6) do not apply in relation to a person occupying or proposing to occupy a transit pitch in England [F7 and Wales] on a local authority gypsy and traveller site or a county council gypsy and traveller site and in such cases, the reference in subsection (5) to subsections (2) to (4) is to be treated as a reference to subsection (2).

(8B) In subsection (8A) “county council gypsy and traveller site”, “local authority gypsy and traveller site” and “transit pitch” all have the same meanings as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to this Act.]

(9) Regulations under this section—

(a) shall be made by statutory instrument;

(b) if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(c) may make different provision with respect to different cases or descriptions of case, including different provision for different areas.]

Extent Information

E1 This version of s. 1 extends to England and Wales only. A separate version has been created for Scotland.

Textual Amendments

F1 S. 1 substituted (E.W.) (18.11.2004 for specified purposes, 18.1.2005 in so far as not already in force ) by Housing Act 2004 (c. 34), ss. 206(1), 270(2)(b)(3)(a) (with s. 206(4)(5))

F2 Words in s. 1(2)(c) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 9(2), 15(3)

F3 Words in s. 1(5) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 9(3), 15(3)

F4 Words in s. 1(5) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(2) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(2) (with art. 5)

F5 Words in s. 1(6) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(2) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(2) (with art. 5)

F6 S. 1(8A)(8B) inserted (E.) (30.4.2011) by The Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011 (S.I. 2011/1004), arts. 1(1), 2(2) (with art. 1(3))

F7 Words in s. 1(8A) inserted (W.) (10.7.2013) by The Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) (Wales) Order 2013 (S.I. 2013/1722), arts. 1(1), 2(2) (with art. 1(3))

[F8 1 Particulars of agreements: Scotland S

(1) This Act applies to any agreement under which a person (“the occupier”) is entitled—

(a) to station a mobile home on land forming part of a protected site; and

(b) to occupy the mobile home as the person's only or main residence.

(2) Before making an agreement to which this Act applies, 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 proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land;

(c) sets out the express terms to be contained in the agreement;

(d) sets out the terms to be implied by section 2(1) below; and

(e) complies with such other requirements as may be prescribed by regulations made by the Scottish Ministers.

(3) Where the owner is selling the mobile home to the proposed occupier, the written statement required by subsection (2) above must be given not later than 28 days before the earlier of—

(a) the date on which the agreement to which this Act applies is made; and

(b) the date on which any agreement for the sale of the mobile home to the proposed occupier is made.

(4) In any other case, the written statement required by subsection (2) above must be given not later than 28 days before the date on which the agreement to which this Act applies is made.

(5) But if the proposed occupier consents in writing to the written statement required by subsection (2) above being given by a date which is later than the date by which subsection (3) or (4) above would otherwise require it to be given, the statement must be given not later than that later date.

(6) If any express term—

(a) is contained in an agreement to which this Act applies; but

(b) was not set out in a written statement given to the proposed occupier in accordance with subsections (2) to (5) above,

the term is unenforceable by the owner or any person within section 3(1) below.

This subsection is subject to any order made by the court under section 2(3) below.

(7) If the owner has failed to give the occupier a written statement in accordance with subsections (2) to (5) above, 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 (2) above (read with any modifications necessary to reflect the fact that the agreement has been made); and

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

(8) A statement required to be given to a person under this section may be either delivered to the person personally or sent to the person by post.

(9) Any reference in this section to the making of an agreement to which this Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which this Act applies.

(10) Regulations under this section—

(a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament; and

(b) may make different provision with respect to different cases or descriptions of case.]

Extent Information

E2 This version of s. 1 extends to Scotland only. A separate version has been created for England and Wales.

Textual Amendments

F8 S. 1 substituted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1), ss. 167, 195(3) (with s. 193); S.S.I. 2007/270, art. 3