Mobile Homes Act 1983 (c. 34)

SCHEDULES

SCHEDULE 1 E+W+S Agreements Under Act

Part I E+W+S Terms Implied by Act

[F1 CHAPTER 4 E+W+S Agreements relating to permanent pitches F2 ... on a local authority gypsy and traveller site or a county council gypsy and traveller site

Textual Amendments

F1 Sch. 1 Pt. I Chs. 3, 4 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. 1 para. 4 (with art. 1(3))

F2 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)

Termination by owner E+W+S

6. (1) The owner is entitled to terminate the agreement forthwith if—

(a) on the application of the owner, [F3 the court][F3 a 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 [F4 court][F4 appropriate judicial body], having regard to [F5 its determination][F5 the 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 [F6 court][F6 tribunal] under sub-paragraph (1)(a)—

(a) the [F6 court][F6 tribunal] 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 [F6 court][F6 tribunal] that the occupier intends to carry out those repairs.

(3) In such a case the [F7 court][F7 tribunal] 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 [F7 court][F7 tribunal] considers reasonable to enable the repairs to be carried out.

(4) If the [F8 court][F8 tribunal] 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.]

Textual Amendments

F3 Words in Sch. 1 Pt. I Ch. 4 para. 6(1)(a) 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(8)(c)(i)

F4 Words in Sch. 1 Pt. I Ch. 4 para. 6(1)(b) 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(8)(c)(ii)(aa)

F5 Words in Sch. 1 Pt. I Ch. 4 para. 6(1)(b) 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(8)(c)(ii)(bb)

F6 Word in Sch. 1 Pt. I Ch. 4 para. 6(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(8)(c)(iii)

F7 Word in Sch. 1 Pt. I Ch. 4 para. 6(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(8)(c)(iii)

F8 Word in Sch. 1 Pt. I Ch. 4 para. 6(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(8)(c)(iii)