The Mobile Homes (Written Statement) (Wales) Regulations 2007

JurisdictionUK Non-devolved
CitationSI 2007/3164

2007 No. 3164 (W.275)

HOUSING, WALES

The Mobile Homes (Written Statement) (Wales) Regulations 2007

Made 5th November 2007

Laid before the National Assembly for Wales 7th November 2007

Coming into force 30th November 2007

The Welsh Ministers1are, in relation to Wales, the appropriate national authority for the purposes of exercising the powers conferred by section 1(2)(e) of the Mobile Homes Act 19832and make the following Regulations in exercise of those powers:

S-1 Title, commencement, and application

Title, commencement, and application

1.—(1) The title of these Regulations is the Mobile Homes (Written Statement) (Wales) Regulations 2007 and they come into force on 30 November 2007.

(2) These Regulations apply in relation to every written statement given after 30 November 2007 with respect to an agreement—

(a)

(a) for the stationing of a mobile home3on a protected site4, and

(b)

(b) to which the Mobile Homes Act 1983 will apply.

S-2 Interpretation

Interpretation

2. In these Regulations—

the 1983 Act” (“Deddf 1983”) means the Mobile Homes Act 1983;

“written statement” (“datganiad ysgrifenedig”) means the written statement that the owner of a protected site is required by section 1(2) of the 1983 Act to give to the proposed occupier.

S-3 Written statement: prescribed requirements

Written statement: prescribed requirements

3. The requirements with which a written statement must comply for the purposes of section 1(2) of the 1983 Act (in addition to the requirements of section 1(2)(a) to (d) of the 1983 Act); are—

(a) that it must contain—

(i) the note preceding Part 1 of the Schedule to these Regulations, and

(ii) the particulars mentioned in Part 1 of that Schedule (so far as not required by section 1(2)(a) to (d) of the 1983 Act) and Parts 2 and 4 of that Schedule; and

(b) that it will be in the form set out in that Schedule or a form substantially to the same effect.

S-4 Revocation

Revocation

4. The Mobile Homes (Written Statement) Regulations 19835are revoked in relation to Wales.

Jocelyn Davies

Under authority of the Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

5 November 2007

SCHEDULE

Regulation 3

WRITTEN STATEMENT UNDER MOBILE HOMES ACT 1983

IMPORTANT — PLEASE READ THIS STATEMENT CAREFULLY AND KEEP IT IN A SAFE PLACE. IT SETS OUT THE TERMS ON WHICH YOU WILL BE ENTITLED TO KEEP YOUR MOBILE HOMES ON SITE AND TELLS YOU ABOUT THE RIGHTS WHICH WILL BE GIVEN TO YOU BY LAW. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND YOU SHOULD GET ADVICE (FOR EXAMPLE FROM A SOLICITOR OR A CITIZENS ADVICE BUREAU)

1 Introductory Provisions and Express Terms (other than those specified in Part 5)

PART 1

Introductory Provisions and Express Terms (other than those specified in Part 5)

2 Information about your rights

PART 2

Information about your rights

SCH-1.1

1. The Mobile Homes Act 1983

Because you will have an agreement with a site owner which will entitle you to keep your mobile home on the owner’s site and live in it as your home, you will have certain rights under the Mobile Homes Act 1983, affecting in particular your security of tenure, the sale of your home and the review of the pitch fee.

SCH-1.2

2. Implied terms

These rights, which are contained in the implied terms set out in Part 3 of this statement, will apply automatically and cannot be overridden, so long as your agreement continues to be one to which the 1983 Act applies.

SCH-1.3

3. Express terms

If you are not happy with any of the express terms of your proposed agreement (as set out in Part 5 of this statement) you should discuss them with the site owner, who may agree to change them.

Right to challenge

Right to challenge

SCH-1.4

4. If you enter into the agreement and subsequently become dissatisfied with the express terms of the agreement you can challenge them as explained in paragraph 5. But you must do so within six months of the date on which you enter into the agreement or the date you received the written statement, whichever is the later. If you wish to challenge your agreement, you may wish to consult a solicitor or citizens' advice bureau.

SCH-1.5

5. A challenge can be made either in the county court or before an arbitrator. You can—

(a) ask for any express terms of the agreement (those set out in Part 5 of this statement) to be changed or deleted; or

(b) ask for further terms to be included in the agreement concerning the matters set out in Part 2 of Schedule 1 to the 1983 Act (see paragraph 8 ).

The site owner can also go to court or to an arbitrator to ask for the agreement to be changed in these two ways.

SCH-1.6

6. The appointment of an arbitrator may be provided for in one of the express terms of the agreement. If not, you and the site owner can still agree in writing to appoint an arbitrator to settle a dispute between you.

SCH-1.7

7. The court or arbitrator must make an order on terms they consider just and equitable in the circumstances.

SCH-1.8

8. Further terms

The matters set out in Part 2 of Schedule 1 to the 1983 Act are—

(a) the sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid;

(b) the review at yearly intervals of the sums so payable;

(c) the provision or improvement of services available on the protected site, and the use by the occupier of such services; and

(d) the preservation of the amenity of the protected site.

SCH-1.9

9. Time limit

If no application to the court or an arbitrator is made within six months of the date on which you entered into the agreement or the date you received the written statement, whichever is the later, both you and the site owner will be bound by the terms of the agreement and will not be able to change them unless both parties agree.

SCH-1.10

10. Unfair terms

If you consider that any of the express terms of the proposed agreement (as set out in Part 5 of this statement) are unfair, you can, in accordance with the provisions of the Unfair Terms in Consumer Contracts Regulations 19996, complain to the Office of Fair Trading or any qualifying body7.

3 Implied Terms

PART 3

Implied Terms

Under the 1983 Act, certain terms will be automatically included in your agreement. These implied terms are set out in Part 1 of Schedule 1 to the 1983 Act. This is set out below and includes the amendments made to Schedule 1 by the Housing Act 2004 and the Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 20078. The numbering follows that used in the 1983 Act as amended by the 2004 Act and the 2007 Order.

SCHEDULE 1

AGREEMENTS UNDER THE ACT

PART 1

Terms implied by Act

SCH-1.1

1 Duration of agreement

Subject to paragraph 2 below, the right to station the mobile home on land forming part of the protected site shall subsist until the agreement is determined under paragraph 3, 4, 5 or 6 below.

SCH-1.2

2 Owner’s estate or interest

(1) If the owner’s estate or interest is insufficient to enable him to grant the right for an indefinite period, the period for which the right subsists shall not extend beyond the date when the owner’s estate or interest determines.

(2) If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists shall not extend beyond the date when the planning permission expires.

(3) If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account shall be taken of that change.

SCH-1.3

3 Termination by occupier

The occupier shall be entitled to terminate the agreement by notice in writing given to the owner not less than four weeks before the date on which it is to take effect.

Termination by owner

(4) The owner shall be entitled to terminate the agreement forthwith, if on the application of the owner, the court—

(a)

(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)

(b) considers it reasonable for the agreement to be terminated.

(5) The owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the court—

(a)

(a) is satisfied that the occupier is not occupying the mobile home as his only or main residence; and

(b)

(b) considers it reasonable for the agreement to be terminated9.

(6) (1)

(6) (1) the owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the court is satisfied that, having regard to its condition, the mobile home—

(a) is having a detrimental effect on the amenity of the site; and

(b) the court considers it reasonable for the agreement to be terminated.

(2)

(2) Sub-paragraphs (3) and (4) below apply if, on an application under sub-paragraph (1) above—

(a) the court considers that, having regard to the present condition of the mobile home, paragraph (a) of that sub-paragraph applies to it, 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 sub-paragraph (1)(a) not applying to it, and

(c) the occupier indicates that he intends to carry out those repairs.

(3)

(3) In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.

The repairs must be set out in the order.

(4)

(4) If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.

SCH-1.7

7 Recovery of overpayments by occupier

Where the agreement is terminated as mentioned in paragraph 3, 4, 5 or 6 above, the occupier shall be entitled to recover from the owner so much of any payment made by him in pursuance...

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