1. What are the Statutory Implied Terms?
They are contractual terms which apply to every agreement (written statement) under the Mobile Homes Act 1983. They are implied into the agreement by the Act itself, and will apply irrespective of when your occupation agreement started, or whether they actually appear in your written statement or not.
The actual terms can be found in Schedule I, Part I of the Act, and are also available to download for free at the DCLG website (www.gov.uk/government/collections/ park-homes). The parties to a Mobile Homes Act agreement may not delete, vary or contract out of the Statutory Implied Terms.
2. When can the site owner terminate my agreement?
A park owner can only seek to terminate an occupier’s agreement on one or more of three grounds, which are as follows:
• Where the occupier has breached a term of the occupation agreement and has failed to put the breach right after being served with a notice by the park owner;
• Where the occupier is not occupying the park home as their only or main place of residence; or
• Where the park home is having a detrimental effect on the appearance of the site because of its condition.
In all of these cases, the park owner must obtain a court order before they can legally terminate the agreement, and the court must also be satisfied that it is reasonable to terminate the agreement.
Let us know what you think about the issues raised here at. Email us: phhc.ed@kelsey.co.uk
If you have any questions in relation to this article please do not hesitate to contact the Park Homes Advice team at LEASE on 020 7832 2525, email: parkhomes@lease-advice.org
To read more about this issue read the August 2015 issue of Park Homes and Holiday Caravan
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