OpenLegislation

Regulation 7 Existing agreements: grounds on which site owner may apply for a refusal orderI1

England and Wales

(1)

The grounds prescribed for the purposes of paragraph 7B(7) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (sale of mobile home: existing agreements) are that, if the proposed occupier were to become the occupier, the proposed occupier or a person intending to reside with the proposed occupier would breach a pre-commencement rule or site rule—

(a)

by reason of age;

(b)

by keeping animals that are of a description specified in the rule;

(c)

by parking vehicles on the site that are of a description specified in the rule; or

(d)

by parking a number of vehicles on the site in excess of the number specified in the rule.

(2)

The grounds prescribed for the purposes of paragraph 8B(7) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (gift of mobile home: existing agreements) are—

(a)

the grounds mentioned in paragraph (1); or

(b)

that the proposed occupier has failed to provide the owner with the relevant evidence (as defined by paragraph 8A(3) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act).

F1(3)

In addition to the grounds prescribed in paragraphs (1) and (2), the grounds prescribed for the purposes of paragraphs 7B(7) and 8B(7) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (sale or gift of mobile home: existing agreements) are that a relevant owner has a policy in place for the allocation of pitches on the site to gypsies and travellers, which a sale or gift to the proposed occupier would contravene.

(4)

In paragraph (3) “relevant owner” means a private registered provider of social housing as defined by section 80 of the Housing and Regeneration Act 2008.

Annotations

Textual amendments

F1

Reg. 7(3)(4) substituted for reg. 7(3) (1.4.2014) by The Mobile Homes (Site Licensing) (England) Regulations 2014 (S.I. 2014/442), regs. 1, 7

Commencement

I1

Reg. 7 in force at 26.5.2013, see reg. 1