[F11Particulars of agreementsE+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;

(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—

(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 court 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 court 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.

(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.

F11Particulars of agreements.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 his only or main residence.

(2)Within three months of the making of an agreement to which this Act applies, the owner of the protected site (“the owner”) shall give to the occupier a written statement which—

(a)specifies the names and addresses of the parties and the date of commencement of the agreement;

(b)includes particulars of the land on which the occupier is entitled to station the mobile home sufficient to identify it;

(c)sets out the express terms of the agreement;

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

(e)complies with such other requirements as may be prescribed by regulations made by the Secretary of State.

(3)If the agreement was made before the day on which this Act comes into force, the written statement shall be given within six months of that day.

(4)Any reference in subsection (2) or (3) above 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.

(5)If the owner fails to comply with this section, the occupier may apply to the court for an order requiring the owner so to comply.

(6)Regulations under this section—

(a)shall be made by statutory instrument; and

(b)may make different provision with respect to different cases or

descriptions of case, including different provision for different areas.

2 Terms of agreements.E+W+S

(1)In any agreement to which this Act applies there shall be implied the terms set out in Part I of Schedule 1 to this Act; and this subsection shall have effect notwithstanding any express term of the agreement.

(2)The court may, on the application of either party made [F2within six months of the giving of the statement under section 1(2) above][F2within the relevant period], order that there shall be implied in the agreement terms concerning the matters mentioned in Part II of Schedule 1 to this Act.

[F3(3)The court may, on the application of either party made within the said period of six months, by order vary or delete any express term of the agreement.]

[F3(3)The court 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;

(b)in the case of any express term to which section 1(6) above applies, provide for the term to have full effect or to have such effect subject to any variation specified in the order.

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

(a)six 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 1(6) above), six months after the date on which the statement is given;

and section 1(8) above applies for the purposes of this subsection as it applies for the purposes of section 1.]

(4)On an application under this section, the court shall make such provision as the court considers just and equitable in the circumstances.]

[F42APower to amend implied termsE+W

(1)The appropriate national authority may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as the authority considers appropriate.

(2)An order under this section—

(a)shall be made by statutory instrument;

(b)may make different provision with respect to different cases or descriptions of case, including different provision for different areas;

(c)may contain such incidental, supplementary, consequential, transitional or saving provisions as the authority making the order considers appropriate.

(3)Without prejudice to the generality of subsections (1) and (2), an order under this section may—

(a)make provision for or in connection with the determination by the court of such questions, or the making by the court of such orders, as are specified in the order;

(b)make such amendments of any provision of this Act as the authority making the order considers appropriate in consequence of any amendment made by the order in Part 1 or 2 of Schedule 1.

(4)The first order made under this section in relation to England or Wales respectively may provide for all or any of its provisions to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day).

(5)No order may be made by the appropriate national authority under this section unless the authority has consulted—

(a)such organisations as appear to it to be representative of interests substantially affected by the order; and

(b)such other persons as it considers appropriate.

(6)No order may be made by the Secretary of State under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.]

3 Successors in titleE+W+S

(1)An agreement to which this Act applies shall be binding on and enure for the benefit of any successor in title of the owner and any person claiming through or under the owner or any such successor.

(2)Where an agreement to which this Act applies is lawfully assigned to any person, the agreement shall enure for the benefit of and be binding on that person.

(3)Where a person entitled to the benefit of and bound by an agreement to which this Act applies dies at a time when he is occupying the mobile home as his only or main residence, the agreement shall enure for the benefit of and be binding on—

(a)any person residing with that person (“the deceased”) at that time being—

(i)the widow[F5, widower or surviving civil partner] of the deceased; or

(ii)in default of a widow[F5, widower or surviving civil partner] so residing, any member of the deceased’s family; or

(b)in default of any such person so residing, the person entitled to the mobile home by virtue of the deceased’s will or under the law relating to intestacy but subject to subsection (4) below.

(4)An agreement to which this Act applies shall not enure for the benefit of or be binding on a person by virtue of subsection (3)(b) above in so far as—

(a)it would, but for this subsection, enable or require that person to occupy the mobile home; or

(b)it includes terms implied by virtue of paragraph 5 or 9 of Part I of Schedule 1 to this Act.

4 Jurisdiction of the court.E+W+S

The court shall have jurisdiction to determine any question arising under this Act or any agreement to which it applies, and to entertain any proceedings brought under this Act or any such agreement.

5 Interpretation.E+W+S

(1)In this Act, unless the context otherwise requires—

• [F6“the appropriate national authority” means—

  (a)

  in relation to England, the Secretary of State, and

  (b)

  in relation to Wales, the National Assembly for Wales;]

• “the court” means—

  (a)

  in relation to England and Wales, the county court for the district in which the protected site is situated or, where the parties have agreed in writing to submit any question arising under this Act or, as the case may be, any agreement to which it applies to arbitration, the arbitrator;

  (b)

  in relation to Scotland, the sheriff having jurisdiction where the protected site is situated or, where the parties have so agreed, the arbiter ;

• “local authority” has the same meaning as in Part I of the M1Caravan Sites and Control of Development Act 1960;

• “mobile home” has the same meaning as “caravan” has in that Part of that Act ;

• “owner”, in relation to a protected site, means the person who, by virtue of an estate or interest held by him, is entitled to possession of the site or would be so entitled but for the rights of any persons to station mobile homes on land forming part of the site ;

• “planning permission” means permission under [F7Part III of the Town and Country Planning Act 1990] or [F8Part III of the Town and Country Planning (Scotland) Act 1997];

• “protected site” does not include any land occupied by a local authority as a caravan site providing accommodation for gipsies or, in Scotland, for persons to whom section 24(8A) of the Caravan Sites and Control of Development Act 1960 applies but, subject to that, has the same meaning as in Part I of the M2Caravan Sites Act 1968.

(2)In relation to an agreement to which this Act applies—

(a)any reference in this Act to the owner includes a reference to any person who is bound by and entitled to the benefit of the agreement by virtue of subsection (1) of section 3 above; and

(b)subject to subsection (4) of that section, any reference in this Act to the occupier includes a reference to any person who is entitled to the benefit of and bound by the agreement by virtue of subsection (2) or (3) of that section.

(3)A person is a member of another’s family within the meaning of this Act if he is his spouse, [F9civil partner,] parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece; treating—

(a)any relationship by marriage [F10or civil partnership] as a relationship by blood, any relationship of the half blood as a relationship of the whole blood and the stepchild of any person as his child; and

(b)an illegitimate person as the legitimate child of his mother and reputed father;

or if they live together as husband and wife [F11or as if they were civil partners].

[F12(4)In relation to land in Scotland, any reference in this Act to an “estate or interest” shall be construed as a reference to a right in, or to, the land.]

6 Short title, repeals, commencement and extent.E+W+S

(1)This Act may be cited as the Mobile Homes Act 1983.

(2) The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)This Act shall come into force on the expiry of the period of one week beginning with the day on which it is passed.

(4)This Act does not extend to Northern Ireland.

SCHEDULES

Section 2.

SCHEDULE 1E+W+S Agreements Under Act

Part IE+W+S Terms Implied by Act

Duration of agreementE+W+S

1E+W+SSubject to paragraph 2 below, the right to station the mobile home on land forming part of the protected site shall subsist until the agreement is determined under paragraph 3, 4, 5 or 6 below.

2(1)If the owner’s estate or interest is insufficient to enable him to grant the right for an indefinite period, the period for which the right subsists shall not extend beyond the date when the owner’s estate or interest determines.E+W+S

(2)If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists shall not extend beyond the date when the planning permission expires.

(3)If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account shall be taken of that change.

Termination by occupierE+W+S

3E+W+SThe occupier shall be entitled to terminate the agreement by notice in writing given to the owner not less than four weeks before the date on which it is to take effect.

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, the court is satisfied that the occupier is not occupying the mobile home as his only or main residence.

6(1)The owner shall be entitled to terminate the agreement at the end of a relevant period if, on the application of the owner, the court is satisfied that, having regard to its [F13age and] condition, the mobile home—E+W+S

(a)is having a detrimental effect on the amenity of the site; or

(b)is likely to have such an effect before the end of the next relevant

period.

(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.

[F14(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) or (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 would result in neither of those paragraphs 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.]

Recovery of overpayments by occupierE+W+S

7E+W+SWhere the agreement is terminated as mentioned in paragraph 3, 4, 5 or 6 above, the occupier shall be entitled to recover from the owner so much of any payment made by him in pursuance of the agreement as is attributable to a period beginning after the termination.

Sale of mobile homeE+W+S

8(1)The occupier shall be entitled to sell the mobile home, and to assign the agreement, to a person approved of by the owner, whose approval shall not be unreasonably withheld.E+W+S

[F15(1A)The occupier may serve on the owner a request for the owner to approve a person for the purposes of sub-paragraph (1) above.

(1B)Where the owner receives such a request, he must, within the period of 28 days beginning with the date on which he received the request—

(a)approve the person, unless it is reasonable for him not to do so, and

(b)serve on the occupier notice of his decision whether or not to approve the person.

(1C)A notice under sub-paragraph (1B) above must specify—

(a)if the approval is given subject to conditions, the conditions, and

(b)if the approval is withheld, the reasons for withholding it.

(1D)The giving of approval subject to any condition that is not a reasonable condition does not satisfy the requirement in sub-paragraph (1B)(a) above.

(1E)If the owner fails to notify the occupier as required by sub-paragraphs (1B) and (1C) above, the occupier may apply to the court for an order declaring that the person is approved for the purposes of sub-paragraph (1) above; and the court may make such an order if it thinks fit.

(1F)It is for the owner—

(a)if he served a notice as mentioned in sub-paragraphs (1B) and (1C) and the question arises whether he served the notice within the required period of 28 days, to show that he did;

(b)if he gave his approval subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was;

(c)if he did not give his approval and the question arises whether it was reasonable for him not to do so, to show that it was reasonable.

(1G)A request or notice under this paragraph—

(a)must be in writing, and

(b)may be served by post.]

(2)Where the occupier sells the mobile home, and assigns the agreement, as mentioned in subparagraph (1) above, the owner shall be entitled to receive a commission on the sale at a rate not exceeding such rate as may be specified by an order made by [F16the Secretary of State][F16the appropriate national authority].

(3)An order under this paragraph—

(a)shall be made by statutory instrument which [F17(if made by the Secretary of State)] shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)may make different provision for different areas or for sales at different prices.

Gift of mobile homeE+W+S

9[F18(1)]The occupier shall be entitled to give the mobile home, and to assign the agreement, to a member of his family approved by the owner, whose approval shall not be unreasonably withheld.E+W+S

[F19(2)Sub-paragraphs (1A) to (1G) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph.]

Resiting of mobile homeE+W+S

10E+W+SIf the owner is entitled to require that the occupier’s right to station the mobile home shall be exercisable for any period in relation to other land forming part of the protected site—

(a)that other land shall be broadly comparable to the land on which the occupier was originally entitled to station the mobile home; and

(b)all costs and expenses incurred in consequence of the requirement shall be paid by the owner.

Part IIE+W+S Matters Concerning Which Terms May be Implied by Court

1E+W+SThe right of the occupier to quiet enjoyment or, in Scotland, undisturbed possession of the mobile home.

2E+W+SThe sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid.

3E+W+SThe review at yearly intervals of the sums so payable.

4E+W+SThe provision or improvement of services available on the protected site, and the use by the occupier of such services.

5E+W+SThe preservation of the amenity of the protected site.

6E+W+SThe maintenance and repair of the protected site by the owner, and the maintenance and repair of the mobile home by the occupier.

7E+W+SAccess by the owner to the land on which the occupier is entitled to station the mobile home.

[F20Part 3E+WSupplementary Provisions

Duty to forward requests under paragraph 8 or 9 of Part 1E+W

1(1)This paragraph applies to—E+W

(a)a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) of Part 1 (see paragraph 8(1A)), or

(b)a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) of Part 1 (see paragraph 8(1A) as applied by paragraph 9(2)).

(2)If a person (“the recipient”) receives such a request and he—

(a)though not the owner, has an estate or interest in the protected site, and

(b)believes that another person is the owner (and that the other person has not received such a request),

the recipient owes a duty to the occupier to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which the recipient receives it.

(3)In paragraph 8(1B) of Part 1 of this Schedule (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above.

Action for breach of duty under paragraph 1E+W

2(1)A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.E+W

(2)The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 of Part 1 of this Schedule, against a person bound by that term.]

SCHEDULE 2E+W+S

RepealsE+W+S