By John Clement and Kelvin Rutledge

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PARK HOME LAW CLINIC

• By John Clement and Kelvin Rutledge

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When is a Mobile Home Not a Mobile Home? Part
2 A Discussion of Recent Developments in the
Law relating to Mobile Homes
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Issue 1 - When can the Site Owner lawfully
terminate the Agreement?

• If the Court is satisfied that the occupier has
  breached a term of the Agreement and, if the
  Court considers it reasonable to terminate OR
• If the Court is satisfied that the occupier is
  not occupying the home as his only or main
  residence OR
• If the Court is satisfied that the mobile home is
  having a detrimental effect on the amenity of the
  park, or is likely to have such an effect before
  the end of the next relevant period.

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Issue 2 - Extensions and modifications to the
mobile home - The Court of Appeals approach in
Charlton v- Howard

• The starting point for any dispute between the
  site owner and a resident is the Agreement
  itself
• If suspected breach, then the appropriate remedy
  (assuming no waiver) would be to serve a notice
  requiring the breach to cease and, if that
  notice were not complied with, to attempt to
  persuade the County Court Judge that it would be
  reasonable to terminate the Agreement.

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Definition of Mobile Home

• Same meaning as a caravan under Section 29(1)
  of the Caravan Sites and Control of Development
  Act 1960, namely-

A structure designed or adapted for human
habitation which is capable of being moved from
one place to another (whether by being towed, or
by being transported on a motor vehicle or
trailer) and any motor vehicle so designed or
adapted, but does not include- (a) any railway
rolling stock which is for the time being on
rails forming part of a railway system, or
(b) any tent.
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Twin-Unit Mobile Homes
A structure designed or adapted for human
habitation which-

• is composed of not more than two section
  separately constructed and designed to be
  assembled on a site by means of bolts , clamps or
  other devices and
• is, when assembled, physically capable of being
  moved by road from one place to another (whether
  by being towed, or by being transported on a
  motor vehicle or trailer),
• shall not be treated as not being (or as not
  having been) a caravan within the meaning of the
  Caravan Sites and Control of Development Act 1960
  by reason only that it cannot lawfully be so
  moved on a highway when assembled.

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Will the Agreement always be protected?

• One can no doubt envisage circumstances where
  the structure on the site is so far from that
  contemplated by the original agreement, that the
  original agreement is to be regarded as having
  been impliedly revoked, or in any event is not to
  be taken as applying to the structure on the
  site.
• Cases concerning structural alterations to the
  original unit
• Question of fact and degree in each case.

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Practical steps for Site Owners

• Check to see when the extension was built
• Check the wording of the Site Licence and the
  Park Rules
• Ascertain the view of the Local Authority
• Look at the size and usage of the extension
• Serve a breach notice on the occupier in
  accordance with the terms of the Agreement.

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Issue 3 What if there is no Written Statement?

• Sections 1(2) , 1(5) and 2(3) of the Mobile Homes
  Act 1983 regulate the site owners duties and the
  occupiers rights.

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When should the Court imply additional terms?

• Where term is reasonable and equitable
• Where it is necessary to give business efficacy
  to the contract ie. that without it, the
  contract would not work properly
• Where term is so obvious that it goes without
  saying
• Where it is capable of clear expression
• Where it does not contradict any express term of
  the contract.

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What terms is the Court likely to imply into an
unwritten MHA Agreement?

• The occupier must not do anything which would
  breach the terms of the site owners Site Licence
  from time to time (normally clause 3(h)).

• The occupier must comply with the Park Rules from
  time to time in force (normally Clause 3(j)).

• The occupier must not do anything which might
  cause a nuisance to the site owner or other
  occupiers of the park (normally clause 3(k)).

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What terms is the Court likely to imply into an
unwritten MHA Agreement?(contd.)

• The site owner may amend the park rules from time
  to time.

• The site owner must permit the occupier quiet
  enjoyment on the pitch, provided the occupier is
  not in breach of the Agreement.

• The site owner may increase the pitch fees from
  time to time.

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John Clement LL.B. is a solicitor and partner in
Turbervilles with Nelson Cuff, Uxbridge.
Kelvin Rutledge LL.B., LL.M. is a barrister at 2
Field Court, Gray's Inn, London, and a visiting
Fellow of the University of Essex.
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For more information please contact
Turbervilles- Telephone [phone] E-mail
john.clement_at_turbervilles.co.uk Internet
www.turbervilles.co.uk
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