SCHEDULES

SCHEDULE 1 Agreements Under Act

Part I Terms Implied by Act

F1CHAPTER 4Agreements relating to permanent pitches F8... on a local authority gypsy and traveller site or a county council gypsy and traveller site

Annotations:
Amendments (Textual)
F8

Words in Sch. 1 Pt. I Ch. 4 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(k) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)

6Termination by owner

1

The owner is entitled to terminate the agreement forthwith if—

a

on the application of the owner, F2the courtF2a tribunal has determined that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site, and

b

then, on the application of the owner, the F3courtF3appropriate judicial body, having regard to F4its determinationF4the tribunal’s determination and to any other circumstances, considers it reasonable for the agreement to be terminated.

2

Sub-paragraphs (3) and (4) apply if, on an application to the F5courtF5tribunal under sub-paragraph (1)(a)—

a

the F5courtF5tribunal considers that, having regard to the present condition of the mobile home, it is having a detrimental effect on the amenity of the site, 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 the mobile home not having that detrimental effect, and

c

the occupier indicates to the F5courtF5tribunal that the occupier intends to carry out those repairs.

3

In such a case the F6courtF6tribunal may make an interim order—

a

specifying the repairs that must be carried out and the time within which they must be carried out, and

b

adjourning the proceedings on the application for such period specified in the interim order as the F6courtF6tribunal considers reasonable to enable the repairs to be carried out.

4

If the F7courtF7tribunal makes an interim order under sub-paragraph (3), it must not make a determination under sub-paragraph (1)(a) unless it is satisfied that the specified period has expired without the repairs having been carried out.