Part 6: Other provisions about housing — Chapter 3: Mobile Homes
Part 1 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) (terms implied in site agreements) is amended as follows.
In paragraph 6 (termination by owner on ground of detrimental effect resulting from age and condition of mobile home)—
omit "age and"; and
after sub-paragraph (2) insert—3Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—athe court considers that, having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it, butbit also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it, andcthe occupier indicates that he intends to carry out those repairs.4In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.The repairs must be set out in the order.5If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.
In paragraph 8 (sale of mobile home to person approved by owner)—
after sub-paragraph (1) insert—1AThe occupier may serve on the owner a request for the owner to approve a person for the purposes of sub-paragraph (1) above.1BWhere the owner receives such a request, he must, within the period of 28 days beginning with the date on which he received the request—aapprove the person, unless it is reasonable for him not to do so, andbserve on the occupier notice of his decision whether or not to approve the person.1CA notice under sub-paragraph (1B) above must specify—aif the approval is given subject to conditions, the conditions, andbif the approval is withheld, the reasons for withholding it.1DThe giving of approval subject to any condition that is not a reasonable condition does not satisfy the requirement in sub-paragraph (1B)(a) above.1EIf the owner fails to notify the occupier as required by sub-paragraphs (1B) and (1C) above, the occupier may apply to the court for an order declaring that the person is approved for the purposes of sub-paragraph (1) above; and the court may make such an order if it thinks fit.1FIt is for the owner—aif he served a notice as mentioned in sub-paragraphs (1B) and (1C) and the question arises whether he served the notice within the required period of 28 days, to show that he did;bif he gave his approval subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was;cif he did not give his approval and the question arises whether it was reasonable for him not to do so, to show that it was reasonable.1GA request or notice under this paragraph—amust be in writing, andbmay be served by post.;
in sub-paragraph (2) for "the Secretary of State" substitute ; and" the appropriate national authority "
in sub-paragraph (3)(a) after "which" insert ." (if made by the Secretary of State) "
After the existing provisions of paragraph 9 (gift of mobile home to person approved by owner), which become sub-paragraph (1), insert—
After Part 2 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) insert—
However—
the amendments made by subsection (2) do not apply in relation to any application made before the appointed day for the purposes of paragraph 6 of Part 1 of Schedule 1 to that Act; and
the amendments made by subsections (3)(a), (4) and (5) do not apply in relation to any request for approval made before the appointed day for the purposes of paragraph 8(1) or (as the case may be) 9(1) of that Part of that Schedule.
About this text
This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.