OpenLegislation

Paragraph 6 Termination by ownerF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The owner is entitled to terminate the agreement forthwith if—

(a)

on the application of the owner, F2the courta 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 F3courtappropriate judicial body, having regard to F4its determinationthe 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 F5courttribunal under sub-paragraph (1)(a)—

(a)

the courttribunal 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 courttribunal that the occupier intends to carry out those repairs.

(3)

In such a case the F6courttribunal 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 courttribunal considers reasonable to enable the repairs to be carried out.

(4)

If the F7courttribunal 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.

Annotations

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 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)

F3

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)

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)(bb)

F5

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)

F6

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)

F7

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)

Notes on Chapter 4

Textual amendments

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)