PART 4MOBILE HOME AGREEMENTS

I150Terms of agreements

1

The applicable terms set out in Part 1 of Schedule 2 are implied in any agreement to which this Part applies; and this subsection has effect despite any express term of the agreement.

2

The appropriate judicial body may, on the application of either party made within the relevant period, order that terms concerning the matters mentioned in Part 2 of Schedule 2 are to be implied in the agreement.

3

The appropriate judicial body may, on the application of either party made within the relevant period, make an order—

a

varying or deleting any express term of the agreement other than a site rule,

b

in the case of any express term to which section 49(4) applies other than a site rule, providing for the term to have full effect or to have such effect subject to any variation specified in the order.

4

In subsections (2) and (3) “the relevant period” means the period beginning with the date on which the agreement is made and ending—

a

6 months after that date, or

b

where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 49(5)), 6 months after the date on which the statement is given;

and subsection (7) of section 49 applies for the purposes of this subsection as it applies for the purposes of that section.

5

On an application under this section, the appropriate judicial body must make such provision as it considers just and equitable in the circumstances.

6

Subsections (2) to (4) do not apply in relation to a person occupying or proposing to occupy a transit pitch on a local authority Gypsy and Traveller site.