Paragraph 7A F1
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Where the agreement is a new agreement, the occupier is entitled to sell the mobile home and to assign the agreement to the person to whom the mobile home is sold (referred to in this paragraph as the “new occupier”) without the approval of the owner.
In this paragraph and paragraph 7B, “new agreement” means an agreement—
which was made after the commencement of this paragraph, or
which was made before, but which has been assigned after, that commencement.
The new occupier must, as soon as reasonably practicable, notify the owner of the completion of the sale and assignment of the agreement.
The new occupier is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Secretary of State.
Except to the extent mentioned in sub-paragraph (5), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement to the new occupier.
The Secretary of State may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with—
the sale of the mobile home and assignment of the agreement;
the payment of commission by virtue of sub-paragraph (5).
Annotations
Textual amendments
- F1
Sch. 1 Pt. I Ch. 2 paras. 7A-7C inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 10(2), 15(3) (with savings in S.I. 2013/1168, reg. 2)
- F2
Sch. 1 Pt. I Ch. 2 para. 7A(1) omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(c) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)
Notes on Chapter 2
Textual amendments
- F1
Sch. 1 Pt. 1 renumbered as Sch. 1 Pt. 1 Ch. 2 (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. 2 (with art. 1(3))
- F2
Words in Sch. 1 Pt. I Ch. 2 heading omitted (W.) (1.10.2014) by virtue of Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 4(9)(b) (with Sch. 5 para. 7); S.I. 2014/11, art. 3(2)
- F3
Words in Sch. 1 Pt. I Ch. 2 heading omitted (10.7.2013) by virtue of The Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (Wales) Order 2013 (S.I. 2013/1723), arts. 1(1), 2(3)(a) (with art. 1(3))