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Mobile Homes Act 1983 (-)
Search lawindexpro for case law on this statute.
This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.

{Section 1 as inserted by Housing Act 2004 section 206)

1 Particulars of agreements

    (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.


REPEALED SECTION 1 - repealed by Housing Act 2004

    1. Particulars of agreements

      (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.


(Including some of the amendments by Housing Act 2004)

2. Terms of agreements

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

    (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. The 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.

All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation.
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09 June 2010
http://www.swarb.co.uk/acts/1983MobileHomesAct.html ver 9 July 2010