At Colchester solicitors Asher Prior Bates our litigation team headed by Michael Hicks has a wealth of experience in mobile home litigation cases helping clients in Essex, Suffolk and around the UK.  The following looks a little closer at The Mobile Home Act agreement and hopes to help site owners and residents make sure they are up to date with changes.

The Mobile Homes Act 1983 has been amended following the introduction of the Housing Act 2004 and subsequent Regulations in 2006. It is therefore essential that Site Owners and Residents are aware of the changes, which apply to every single Mobile Homes Act Agreement no matter when the Agreement was entered into.

Some important provisions/changes are highlighted below:-

(a)  If the Resident is no longer occupying the mobile home as their main residence, then the site owner must also now prove to the court that it is ‘reasonable' to terminate the Residents Agreement.  Previously the Site Owner need merely show that the Resident was no longer in occupation, and thus now has an additional hurdle to show reasonableness to succeed.

(b)  When Residents intend to sell their mobile home, the Residents must give the Site Owner at least 28 days written notice of the details of the prospective purchaser to enable the Site Owner to consider granting consent to a sale/assignment.  

(c)  The Site Owner can no longer impose conditions upon a Residents sale of their mobile home. The Site Owner can only accept or refuse consent to sale, and must provide an explanation for any refusal. Any unreasonable refusal can be challenged in court, and it appears that the Site Owner can only refuse on the basis of the incoming resident not meeting the site's requirements.

(d)  The Site Owner now has a legal right to move and/or re-site the mobile home, providing this is achieved in accordance with the procedure under the Act, and in many cases the court's permission must be obtained. There are however exceptions. 

(e)  Site Owners are now only permitted to attend a Resident's pitch ‘without notice' to read meters and deliver communications between the hours of 9am-6pm (save for in cases of essential repairs or emergency works.) On all other occasions the Site Owner must give 14 days notice in writing setting out additional details as required under the Act.

(f)  There are now statutory duties imposed on the Resident to include such obligations to keep the mobile home in a sound state of repair; to keep tidy the pitch, fences and outbuildings; and to maintain the outside of the mobile home.

To set aside the worry of potential mounting legal costs, at Asher Prior Bates we offer new clients an initial fixed fee interview for £50, where we advise on relevant aspects of Litigation and Dispute Resolution including advice on Mobile Homes Law together with the court process and the costs involved.