The Mobile Homes (Written Statement) (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Mobile Homes (Written Statement) Regulations 1983, which are revoked to the extent that they apply to Wales.

Section 1(2) of the Mobile Homes Act 1983 (“the 1983 Act”) provides that, before an agreement to which section 1 of the 1983 Act applies is entered into, the owner of the site must give to the proposed occupier of the mobile home a written statement. Section 1 applies to all agreements under which a person is entitled to station a mobile home on a protected site and occupy it as that person’s only or main residence. A protected site is defined in section 5(1) of the 1983 Act.

Section 1(2)(a) to (d) of the 1983 Act requires the written statement to:

• specify the names and addresses of the parties;

• include 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;

• set out the express terms to be contained in the agreement; and

• set out the terms to be implied by section 2(1) of the 1983 Act.

Regulation 3 of these Regulations requires the written statement to contain material, in addition to that required by section 1(2)(a) to (d), and to be in the form set out in the Schedule. The Schedule consists of five Parts:

• Part 1 deals with the names and addresses of the parties and with particulars of the land, and certain express terms, namely the pitch fee, its review and additional charges;

• Part 2 contains information about the occupier’s rights under the proposed agreement;

• Part 3 contains the terms to be implied by section 2(1) of the 1983 Act, as set out in Part 1 of Schedule 1 to the 1983 Act (as amended by section 207 of the Housing Act 2004 (c. 34) and the Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151 (W.268));

• Part 4 contains the supplementary provisions relevant to the site owner’s approval of a proposed purchaser of the mobile home or the family member to whom the mobile home is to be given, as set out in Part 3 of Schedule 1 to the 1983 Act;

• Part 5 is for any other express terms of the agreement.

These Regulations apply in relation to written statements given after 30 November 2007 as regards protected sites in Wales.