Explanatory note
England and Wales
(This note is not part of the Order)
This Order is made under section 2A of the Mobile Homes Act 1983 (“the 1983 Act”). It amends Schedule 1 to the 1983 Act and makes a number of consequential amendments.
On commencement of section 318 of the Housing and Regeneration Act 2008 the exclusion of local authority gypsy and traveller sites from the provisions of the 1983 Act is removed.
From the commencement date agreements on such sites will, by virtue of section 2 of the 1983 Act, include the implied terms contained in Schedule 1 to that Act. This Order amends Part 1 of Schedule 1 so that the sets of implied terms for local authority Gypsy and Traveller sites inserted by the Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011 in relation to England, are applied in relation to Wales. Those implied terms relate to transit and permanent pitches on local authority Gypsy and Traveller sites. The Order (at article 2(5)(b), (d), (f) and (g)) also sets out some terms in relation to permanent pitches that differ from those that apply in England.
The implied terms for transit pitches are more limited than for permanent pitches. On transit pitches the main implied terms relate to—
the fixed duration of the agreement and its early termination (where it is not left to expire at the end of the fixed period specified in the agreement);
the limitation of the right to station where the owner’s estate or interest or the planning permission relating to the site prevents occupation for the entirety of the fixed period specified in the agreement;
the recovery of overpayments made by the occupier;
the quiet enjoyment of the mobile home;
the owner’s right to enter the pitch (but not the mobile home) in specified circumstances, in some cases without giving notice;
the requirement to supply the occupier with the owner’s name and address.
The implied terms for permanent pitches provided by virtue of the Order are similar to those for occupiers of mobile homes on park home sites. One of the main differences are the provisions relating to assignment. Occupiers of permanent pitches on local authority Gypsy and Traveller sites may, with the agreement of the local authority, assign their agreement to a member of their family or exchange their agreement with another occupier.
The consequential amendments made by the Order to the 1983 Act ensure that all references to Schedule 1 to the Act refer to the appropriate Chapter of that Schedule.
The implied terms under the 1983 Act for agreements in relation to mobile homes on park home sites are not affected by this Order.
Article 3 of the Order is concerned with the jurisdiction of residential property tribunals. The effect of that article is that the tribunals’ jurisdiction extends to matters arising as a result of amendments made to the 1983 Act by this Order.
A regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Department for Local Government and Communities, Welsh Government, Cathays Park, Cardiff CF10 3NQ.