The Leasehold Advisory Service’s Antony Tregenna examines the procedures a park owner must follow to terminate a home owner’s Written Agreement and remove them from the park

It is important for both site owners and home owners to be aware of the circumstances in which a mobile home agreement may be terminated.

A Written Statement sets out the terms of agreement between the site owner and the home owner. The terms comprise of Express Terms and Implied Terms. Express Terms are terms that have been specifically agreed between the site owner and the home owner.

The Implied Terms cannot be varied or changed in law. The site owner’s rights of termination are included within the Implied Terms. This article looks at the instances and the procedure that must be followed by the site owner in the event of a breach of agreement by the home owner.

When can an agreement be terminated?
There are three instances in which an agreement between a home owner and site owner may be terminated. These are:
1.    Failure to occupy a home as one’s own or main residence;
2.     Breach of agreement;
3.     The home is having a detrimental effect on the amenity of the site.

 

 

For more information, please contact LEASE by telephone on 0207 832 2525 between the hours of 9am to 5pm
(Monday to Friday).

This article is not meant to describe or give a full interpretation of the law; only the courts can do that. If you are in any doubt about your rights and duties, please seek specific advice.

The law discussed covers matters pertaining to English law only.

 

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