Mobile Homes Act 1983 (c. 34)

(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 [ F2 (including any site rules (see section 2C)) ] ; (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 [ F3 Secretary of State ] . (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 [ F4 other than a site rule (see section 2C) ] — (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 [ F5 appropriate judicial body ] 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 [ F6 appropriate judicial body ] 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. [ F7 (8A) Subsections (3), (4) and (6) do not apply in relation to a person occupying or proposing to occupy a transit pitch F8 ... on a local authority gypsy and traveller site or a county council gypsy and traveller site and in such cases, the reference in subsection (5) to subsections (2) to (4) is to be treated as a reference to subsection (2). (8B) In subsection (8A) “county council gypsy and traveller site”, “local authority gypsy and traveller site” and “transit pitch” all have the same meanings as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to this Act. ] (9) Regulations under this section— (a) shall be made by statutory instrument; (b) F9 ... 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. ] Extent Information E1 This version of s. 1 extends to England and Wales only. A separate version has been created for Scotland. Textual Amendments F1 S. 1 substituted (E.W.) (18.11.2004 for specified purposes, 18.1.2005 in so far as not already in force ) by Housing Act 2004 (c. 34) , ss. 206(1) , 270(2)(b) (3)(a) (with s. 206(4) (5) ) F2 Words in s. 1(2)(c) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14) , ss. 9(2) , 15(3) F3 Words in s. 1(2)(e) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(2)(a) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2) F4 Words in s. 1(5) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14) , ss. 9(3) , 15(3) F5 Words in s. 1(5) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) , arts. 1(1) , 3(2) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899) , arts. 1(1) , 3(2) (with art. 5 ) F6 Words in s. 1(6) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) , arts. 1(1) , 3(2) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899) , arts. 1(1) , 3(2) (with art. 5 ) F7 S. 1(8A)(8B) inserted (E.) (30.4.2011) by The Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011 (S.I. 2011/1004) , arts. 1(1) , 2(2) (with art. 1(3) ) F8 Words in s. 1(8A) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(2)(b) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2) F9 Words in s. 1(9)(b) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(2)(c) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2) (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 the person's only or main residence. (2) Before making an agreement to which this Act applies, the owner of the protected site (“ the owner ”) must 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 Scottish Ministers. (3) Where the owner is selling the mobile home to the proposed occupier, the written statement required by subsection (2) above must be given not later than 28 days before the earlier of— (a) the date on which the agreement to which this Act applies is made; and (b) the date on which any agreement for the sale of the mobile home to the proposed occupier is made. (4) In any other case, the written statement required by subsection (2) above must be given not later than 28 days before the date on which the agreement to which this Act applies is made. (5) But if the proposed occupier consents in writing to the written statement required by subsection (2) above being given by a date which is later than the date by which subsection (3) or (4) above would otherwise require it to be given, the statement must be given not later than that later date. (6) 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 (5) above, the term is unenforceable by the owner or any person within section 3(1) below. This subsection is subject to any order made by the court under section 2(3) below. (7) If the owner has failed to give the occupier a written statement in accordance with subsections (2) to (5) 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 the occupier a written statement which complies with paragraphs (a) to (e) of subsection (2) above (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. (8) A statement required to be given to a person under this section may be either delivered to the person personally or sent to the person by post. (9) 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. (10) Regulations under this section— (a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament; and (b) may make different provision with respect to different cases or descriptions of case. ] Extent Information E23 This version of s. 1 extends to Scotland only. A separate version has been created for England and Wales. Textual Amendments F185 S. 1 substituted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1) , ss. 167 , 195(3) (with s. 193 ); S.S.I. 2007/270 , art. 3

(1) In any agreement to which this Act applies there shall be implied the F10 [ F11 applicable ] 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 [ F12 court ] [ F12 appropriate judicial body ] may, on the application of either party made [ F13 within [ F14 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. [ F15 (3) The [ F16 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 [ F17 other than a site rule (see section 2C) ] ; (b) in the case of any express term to which section 1(6) above applies [ F18 other than a site rule (see section 2C) ] , 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. ] [ F19 (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(7) above), six months after the date on which the statement is given; and section 1(9) 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 [ F20 court ] [ F20 appropriate judicial body ] shall make such provision as the [ F20 court ] [ F20 appropriate judicial body ] considers just and equitable in the circumstances. [ F21 (5) The supplementary provisions in Part 3 of Schedule 1 to this Act have effect for the purposes of paragraphs 8 and 9 F22 [ F23 of Chapter 2 ] of Part 1 of that Schedule. ] [ F24 (6) Subsections (2) to (4) do not apply in relation to a person occupying or proposing to occupy a transit pitch F25 ... on a local authority gypsy and traveller site or a county council gypsy and traveller site. (7) In subsection (6) “county council gypsy and traveller site”, “local authority gypsy and traveller site” and “transit pitch” all have the same meanings as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to this Act. ] Textual Amendments F10 Word in s. 2(1) inserted (W.) (10.7.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (Wales) Order 2013 (S.I. 2013/1723) , arts. 1(1) , 4(2)(a) (with art. 1(3) ) F11 Word in s. 2(1) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003) , art. 1(1) , Sch. 2 para. 1(2)(a) (with art. 1(3) ) F12 Words in s. 2(2) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) , arts. 1(1) , 3(3) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899) , arts. 1(1) , 3(3) (with art. 5 ) F13 S. 2(2): the words "within the relevant period" substituted (E.W.) (18.1.2005) for the words "within six months of the giving of the statement under section 1(2) above" by Housing Act 2004 (c. 34) , ss. 206(2)(a) , 270(3)(a) (with s. 206(4) ) F14 S. 2(2): the words "the relevant period" substituted (S.) (28.5.2007) for the words "six months of the giving of the statement under section 1(2) above" by Housing (Scotland) Act 2006 (asp 1) , ss. 168(a) , 195(3) (with s. 193 ); S.S.I. 2007/270 , art. 3 F15 S. 2(3)(3A) substituted for s. 2(3) (E.W.) (18.1.2005) by Housing Act 2004 (c. 34) , ss. 206(2)(b) , 270(3)(a) (with s. 206(4) ) F16 Words in s. 2(3) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) , arts. 1(1) , 3(3) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899) , arts. 1(1) , 3(3) (with art. 5 ) F17 Words in s. 2(3)(a) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14) , ss. 9(4)(a) , 15(3) F18 Words in s. 2(3)(b) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14) , ss. 9(4)(b) , 15(3) F19 S. 2(3)(3A) substituted for s. 2(3) (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1) , ss. 168(b) , 195(3) (with s. 193 ); S.S.I. 2007/270 , art. 3 F20 Words in s. 2(4) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) , arts. 1(1) , 3(3) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899) , arts. 1(1) , 3(3) (with art. 5 ) F21 S. 2(5) inserted (E.W.) (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34) , s. 270(4) (5)(f) , Sch. 15 para. 9 ; S.I. 2006/1060 , art. 2(1)(d) (with Sch. ); S.I. 2006/1535 , art. 2(b) (with Sch. ) F22 Words in s. 2(5) inserted (W.) (10.7.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (Wales) Order 2013 (S.I. 2013/1723) , arts. 1(1) , 4(2)(b) (with art. 1(3) ) F23 Words in s. 2(5) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 (S.I. 2011/1003) , art. 1(1) , Sch. 2 para. 1(2)(b) (with art. 1(3) ) F24 S. 2(6)(7) inserted (E.) (30.4.2011) by The Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011 (S.I. 2011/1004) , arts. 1(1) , 2(3) (with art. 1(3) ) F25 Words in s. 2(6) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(3) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2) (1) The [ F27 Secretary of State ] may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as the [ F28 Secretary of State ] 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 [ F29 or a tribunal ] of such questions, or the making by the court [ F29 or a tribunal ] 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 F30 ... under this section unless [ F31 the Secretary of State ] has consulted— (a) such organisations as appear to [ F31 the Secretary of State ] to be representative of interests substantially affected by the order; and (b) such other persons as [ F31 the Secretary of State ] considers appropriate. (6) No order may be made F32 ... under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. ] Textual Amendments F26 S. 2A inserted (E.W.) (18.11.2004) by Housing Act 2004 (c. 34) , ss. 208(1) , 270(2)(a) (with s. 208(2) ) F27 Words in s. 2A(1) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(4)(a)(i) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2) F28 Words in s. 2A(1) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(4)(a)(ii) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2) F29 Words in s. 2A(3)(a) inserted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005) , arts. 1(1) , 3(4) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899) , arts. 1(1) , 3(4) (with art. 5 ) F30 Words in s. 2A(5) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(4)(b)(i) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2) F31 Words in s. 2A(5) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(4)(b)(ii) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2) F32 Words in s. 2A(6) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(4)(c) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2) (1) The Scottish Ministers may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as they consider 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; (c) may contain such incidental, supplementary, consequential, transitional or saving provisions as the Scottish Ministers consider 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 Scottish Ministers consider 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 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 under this section unless the Scottish Ministers have consulted— (a) such organisations as appear to them to be representative of interests substantially affected by the order; and (b) such other persons as they consider appropriate. (6) No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament. ] Textual Amendments F33 S. 2B inserted (S.) (28.5.2007) by Housing (Scotland) Act 2006 (asp 1) , ss. 170 , 195(3) (with s. 193 ); S.S.I. 2007/270 , art. 3 (1) In the case of a protected site [ F35 , other than a gypsy and traveller site, ] for which there are site rules, each of the rules is to be an express term of each agreement to which this Act applies that relates to a pitch on the site (including an agreement made before commencement or one made before the making of the rules). (2) The “site rules” for a protected site are rules made by the owner in accordance with such procedure as may be prescribed which relate to— (a) the management and conduct of the site, or (b) such other matters as may be prescribed. (3) Any rules made by the owner before commencement which relate to a matter mentioned in subsection (2) cease to have effect at the end of such period beginning with commencement as may be prescribed. (4) Site rules come into force at the end of such period beginning with the first consultation day as may be prescribed, if a copy of the rules is deposited with the local authority before the end of that period. (5) Where a site rule is varied, the rule as varied comes into force at the end of such period beginning with the first consultation day as may be prescribed, if— (a) the rule is varied in accordance with such procedure as may be prescribed, and (b) a copy of the rule as varied is deposited with the local authority before the end of that period. (6) Where a site rule is deleted, the deletion comes into force at the end of such period beginning with the first consultation day as may be prescribed, if— (a) the rule is deleted in accordance with such procedure as may be prescribed, and (b) notice of the deletion is deposited with the local authority before the end of that period. (7) Regulations may provide that a site rule may not be made, varied or deleted unless a proposal to make, vary or delete the rule is notified to the occupiers of the site in question in accordance with the regulations. (8) Regulations may provide that site rules, or rules such as are mentioned in subsection (3), are of no effect in so far as they make provision in relation to prescribed matters. (9) Regulations may make provision as to the resolution of disputes— (a) relating to a proposal to make, vary or delete a site rule; (b) as to whether the making, variation or deletion of a site rule was in accordance with the applicable prescribed procedure; (c) as to whether a deposit required to be made by virtue of subsection (4), (5) or (6) was made before the end of the relevant period. (10) Provision under subsection (9) may confer functions on a tribunal. (11) Regulations may— (a) require a local authority to establish and keep up to date a register of site rules in respect of protected sites in its area; (b) require a local authority to publish the up-to-date register; (c) provide that any deposit required to be made by virtue of subsection (4), (5) or (6) must be accompanied by a fee of such amount as the local authority may determine. Textual Amendments F34 Ss. 2C, 2D inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14) , ss. 9(1) , 15(3) F35 Words in s. 2C(1) substituted (W.) (1.10.2014) by Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 4(5) (with Sch. 5 para. 7 ); S.I. 2014/11 , art. 3(2)