OpenLegislation

Regulation 9 Form of assignment and notice of assignmentI1

England and Wales

(1)

An assignment of an agreement pursuant to paragraph 7A(2), 7B(1), 8A(2) or 8B(1) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (as the case may be) must be made—

(a)

in writing; and

(b)

in the form prescribed in Schedule 4 (or in a form to substantially the like effect).

(2)

Within seven days of the assignment, the assignee must serve on the owner a notice of the assignment which complies with the requirements of paragraphs (3) to (8) below (a “notice of assignment”).

(3)

In every case, the notice of assignment must specify—

(a)

the name of the assignor;

(b)

the name of the assignee and of any other person who intends to reside in the mobile home with the assignee;

(c)

the address of the mobile home;

(d)

the date of assignment of the agreement; and

(e)

a forwarding address for the assignor.

(4)

In the case of a sale of a mobile home, the notice of assignment must also—

(a)

specify the purchase price of the mobile home and the amount of commission which the assignee is required to pay to the owner under paragraph 7A(5) or 7B(8) of Chapter 2 of Part 1 of Schedule 1 to the 1983 Act (as the case may be); and

(b)

contain an explanation of the requirements prescribed by regulation 10 (payment of commission).

(5)

In cases where the site has pre-commencement rules or site rules, the notice of assignment must also contain a statement confirming that the assignee has read and understood those rules (or has had them explained to him or her) and agrees to comply with them.

(6)

In cases where the site has a pre-commencement rule or site rule relating to the age of occupiers, the notice of assignment must also specify the age of the assignee and any person intending to reside in the mobile home with the assignee.

(7)

The notice of assignment must be—

(a)

provided in the form prescribed in Schedule 5, or in a form substantially to the like effect; and

(b)

accompanied by the documents mentioned in paragraph (8).

(8)

The documents are—

(a)

a copy of the instrument giving effect to the assignment;

(b)

in the case of a sale, documentary evidence of the price paid by the assignee for the mobile home;

(c)

a copy of any pre-commencement rules or site rules which the assignee received pursuant to regulation 3(1)(c) or (d) (as the case may be); and

(d)

a copy of the agreement and written statement that the assignee received pursuant to regulation 3(1)(a).

(9)

The notice of assignment and other documents required to be provided to the owner under this regulation may be either delivered to the owner personally or sent by post.

Annotations

Commencement

I1

Reg. 9 in force at 26.5.2013, see reg. 1