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Mobile Homes (Wales) Act 2013

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This is the original version (as it was originally enacted).

50Terms of agreements

This section has no associated Explanatory Notes

(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.

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