Application of the 1983 Act
Howard v Charlton
[2002] EWCA Civ 1086
Facts
The mobile home owner had an agreement, to occupy part of the caravan site, which was protected by s1 of the Mobile Homes Act 1983. Subsequently he added an extension to the caravan. The site owner argued that this made the caravan a fixture, that the protection afforded by the Act therefore ceased to apply and that he was entitled to possession.
Held
The Court of Appeal disagreed. The agreement still applied and there was nothing in the agreement entitling the site owner to terminate it on the grounds stated. In any event the Act applies not to the home as such but to the agreement.
Mobile Home disputes
Transfer from County Courts to Residential Property Tribunals
Park Homes: Transfer of dispute resolution from County Courts to Residential Property Tribunals
Most of the functions of the County Courts under the Mobile Homes Act 1983 are being transferred to Residential Property Tribunals on 6 April 2010.
The aim of the transfer of the jurisdiction is to provide residents of mobile homes (including caravans) and the owners of sites on which they are located, with a level playing field in the resolution of disputes, by providing access to a dedicated, low cost specialist (housing) tribunal, which can deal with cases quickly and without the parties needing to be legally represented.
The 'fact finding' role of County Courts has not been transferred to Residential Property Tribunals in respect of termination cases involving a breach of an agreement, or a claim that the resident of the park home is no longer occupying it as his only or main residence, but has been done in respect of claims relating to the detrimental condition of the home to the amenity of the site.
Back to top
www.propertylawuk.net
|
|