Mobile Homes

The Mobile Homes Act 1983 gives certain rights to all residents whose agreements with their site owner(s) allows them to live in their mobile homes on site as their main residence.

These include:

Security of tenure;
The right to sell a mobile home on the site;
The right to give a mobile house to a member of the resident's family;
Rights concerning inheritance.

For more information visit the CLG website

Caravan Sites

The Regulatory Services Division has responsibility for enforcing the provisions of the Caravan Sites & Control of Development Act 1960. The principal function under the Act is the licensing of caravan sites within the borough.

Subject to certain specific exemptions, it is an offence to use land as a caravan site without the benefit of a site licence. The Council is required to issue a licence if the occupier of the land has a valid planning consent to use it for that purpose. The Council cannot refuse to grant a licence, and it cannot grant it for a limited period of time unless the planning consent is for a limited period.

Conditions may be attached to a site licence specifying the minimum standards which must be achieved to protect the health, safety and welfare of the site occupants. These address such issues as the site layout, provision of satisfactory drainage separation distances to reduce the spread of fire, electrical safety etc. and are based on Model Standards issued by the Government.

It is the duty of the licence holder to comply with the terms of the licence conditions.

The Council may amend the licence conditions but, before doing so, they must consult the licence holder and allow him/her to make representations. If agreement cannot be reached the licence holder has a right of appeal.

Caravan sites within the borough are inspected every year to ensure compliance with the licence conditions. The Council cannot address any matters outside the scope of the licence conditions, but you may be able to take action in accordance with the rights conferred on you by the Mobile Homes Act 1983.

Mobile Homes Act 1983

If you own your mobile home, and live in it on a permanent basis as your sole residence, you are protected by this Act. It gives you the right to have a written Agreement which sets out your responsibilities and those of the site owner. The Agreement must contain the name and address of the site owner, a description of the pitch to which it relates together with the 'implied' and 'express' terms.

Implied terms cannot be changed under any circumstances, and cover such things as:

the duration of the Agreement
rights of termination of the Agreement
recovery of overpayment in the event of termination
rights to sell or gift your mobile home
site owner's entitlement to commission on the sale of the home

Express terms, on the other hand, can be altered either by agreement or by order of the County Court. Express terms vary from site to site and may cover such matters as:

pitch fees
service charges
details about maintenance responsibilities for the site and the homes on it

This Act provides you with extensive rights but is only enforceable in the Civil Courts which means that you must pursue the any action yourself (usually with the assistance of a solicitor). The Council is not able to intervene on your behalf.

Change of Site Ownership

An Agreement between a site owner and a resident is binding on any subsequent site owner, and will continue to apply in full if the site is sold or inherited.

Disputes Relating to Fees & Charges

Tour Agreement will set out the action that the site owner can take against you. You should seek advice from a solicitor or the Citizens Advice Bureau as soon as possible about any dispute. If the matter is not resolved, and you withhold payment, the site owner may have the right to take legal proceedings against you for payment of the money and obtain a Court Order to evict you.

Purchasing Gas Bottles from Someone other than the Site Owner

If there is a term in your Agreement that prohibits this you should seek advice from a solicitor or the Citizens Advice Bureau.

Eviction

Provided you are in residence, the site owner must give you at least 4 weeks notice and then must apply to the Court for an order before you can be evicted. The Court has the power to make a suspended order with conditions.

Changing Site Rules

The site owner can change or add site rules provided residents are given at least 28 days notice of their intention to do so, and the residents agree to the changes. Your written Agreement should state that if one third of the residents on the site do not agree to the proposed changes there should be a public meeting for both sides to make their case and the matter then resolved by a vote. A simple majority of those present then decides the matter. If at least one third of the residents have not raised objections to the proposed changes at the end of the 28 days, they are deemed to have been accepted.

Housing Benefit

Occupiers of mobile homes may be eligible for Housing Benefit. For more information on this topic you should contact the Directorate of Finance at the Council Offices.

Increasing Pitch Fees

The site owner can, as of right, increase the pitch fees annually by the rate of inflation. Any rise above this amount must be justified by the owner and must relate to money spent on improvements to the site for the amenity of all residents.

Caravan Sites Act 1968

This Act contains provisions for the protection of occupiers against harassment by the site owner. Harassment would entail "illegally depriving occupiers of occupation of their mobile home" or "carrying out acts designed to interfere with the peace and comfort of an occupier with the intention of causing them to leave".

Complaints

If you have a complaint concerning your site you should always contact the site owner or manager to give them the opportunity to remedy the situation. If they are reluctant to address the problem you should contact the Council who may be able to take action on your behalf.