The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 2A of the Mobile Homes Act 1983 (“the 1983 Act”). It amends Schedule 1 to the 1983 Act and makes a number of consequential amendments.

On commencement of section 318 of the Housing and Regeneration Act 2008 (c.17) the exclusion of local authority gypsy and traveller sites from the provisions of the 1983 Act is removed.

From the commencement date agreements on such sites will, by virtue of section 2 of the 1983 Act, include the implied terms contained in Schedule 1 to that Act. This Order amends Part 1 of Schedule 1 to insert two new sets of implied terms: those for transit pitches on gypsy and traveller sites and those for permanent pitches on gypsy and traveller sites.

The implied terms for transit pitches are more limited than for other pitches. On such pitches the main implied terms relate to—

(a)the fixed duration of the agreement and its early termination (where it is not left to expire at the end of the fixed period specified in the agreement);

(b)limitation of the right to station where the owner’s estate or interest or the planning permission relating to the site prevents occupation for the entirety of the fixed period specified in the agreement;

(c)recovery of overpayments made by the occupier;

(d)quiet enjoyment of the mobile home;

(e)owner’s right to enter the pitch (but not the mobile home) in specified circumstances, in some cases without giving notice;

(f)a requirement to supply the occupier with the owner’s name and address.

The implied terms for permanent pitches provided by the Order are similar to those for occupiers of mobile homes on park home sites. One of the main differences is that occupiers on permanent pitches on local authority gypsy and traveller sites have no automatic right to assign, whether by way of sale or gift, the pitch occupied by the mobile home.

The implied terms under the 1983 Act for agreements in relation to mobile homes on park home sites are not affected by this Order.

An impact assessment has been prepared in respect of this Order. It has been deposited in the Library of each House of Parliament and is available from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU or email gypsies@communities.gsi.gov.uk