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Mobile homes and caravans
Application of the 1983 Act
Howard v Charlton
[2002] EWCA Civ 1086; [2002] 39 EG 150.
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. 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.
Gypsies
Possession – power to suspend order - human rights
Smith v Buckland
[2007] EWCA Civ 1318
Introduction
This was a claim for possession brought against a gypsy who occupied a pitch at a gypsy caravan site in Wales. The claimant had terminated the defendant’s licence to occupy the site and then brought the claim for possession. The judge suspended the order for possession on terms for a period of three months pursuant to s4 of the Caravan Sites Act 1968. That provision provides that when a court makes an order for the removal or exclusion of an occupier from a caravan site, it may suspend the enforcement of that order for up to 12 months.
The issue
The defendant defended the claim by arguing (amongst other things) that the decision to terminate the licence was so unreasonable that no reasonable public authority could have made that decision and that her human rights had therefore been breached. However, the judge held that it was not seriously arguable (i) that the law on which the claimant relied to claim possession was incompatible with article 8 of the European Convention of Human Rights or (ii) that the decision to seek possession was amenable to judicial review so as to afford a public law defence of the kind that was recognised in Wandsworth London Borough Council v Winder [1985] AC 461. The defendant’s appeal against the decision was refused.
Reasoning
In its original form s4(6) of the 1968 Act excluded the court’s power to suspend the enforcement of a possession order under section 4(1) in the case of possession proceedings brought by local authorities. However, in the decision of Connors (2004) 40 EHRR 189 the European Court of Human Rights held that the ability to evict without any procedural safeguards was a breach of the Convention. In response to this decision Parliament amended the 1968 Act to take out the exclusion of local authority caravan sites from the ambit of the power to suspend under section 4(1) - with effect from 18 January 2005 in respect of proceedings begun on or after that date.
On the appeal in this case the Court of Appeal held that the effect of this amendment is that domestic law is no longer incompatible with the Convention. Any decision by a local authority to is now subject to the court’s discretionary power to suspend the effect of any order for possession. Parliament could have gone further and provided security of tenure but it did not do so and this is within the wide margin of appreciation available to domestic authorities. Henceforth, it will only be in truly exceptional cases that a public law defence to a claim for possession of a pitch on a caravan site will succeed. (See in particular paragraphs 41, 42 and of the judgement of Dyson LJ).
(The Mobile Homes Act 1983 Act does not currently help gypsies because s 5(1) of that Act excludes from the definition of a “protected site” any land occupied by a local authority as a caravan site providing accommodation for gypsies. However, this exclusion is due to be removed by the Housing and Regeneration Bill which is currently before Parliament.)
Housing Act 2004 changes
The 2004 Act contains provisions making changes to the 1983 Act: Housing Act 2004, part 6, chapter 3 (sections 206 to 211)
Implied terms in Schedule 1 to the 1983 Act - written statement
The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006
Explanatory memorandum
This Order amends the terms implied into agreements for the stationing of mobile homes on protected sites in England by section 2 of the Mobile Homes Act 1983. These implied terms are contained in Schedule 1 of that Act. See paragraph 7.10 of the explanatory memorandum for an explanation of the main changes. The changes come into force on 1 October 2006.
Mobile Homes (Written Statement) (England) Regulations 2006 (SI No.2275)
Explanatory memorandum
These Regulations revoke and replace, in relation to England only, the Mobile Homes (Written Statement) Regulations 1983. The Schedule to the Regulations specifies the requirements for the written statement, which a site owner is required to give to proposed occupiers under section 1(2) of the Mobile Homes Act 1983. These changes are a consequence of the changes to the implied terms set out in Schedule 1 to the 1983 Act. In force 1 October 2006.
The Mobile Homes (Written Statement) (Wales) Regulations 2007 (No. 3164 (W.275))
These Regulations replace the Mobile Homes (Written Statement) Regulations 1983 in Wales. In force 30 November 2007
The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (SI No.: 2007/3151 (W.268))
This Order amends Schedule 1 to the Mobile Homes Act 1983, which contains terms which, by virtue of s 2 of the Act, are implied into agreements to which the 1983 Act applies, ie agreements under which a person is entitled to station a mobile home on a protected site and occupy it as his or her only or main residence. There is a large number of changes – see the explanatory order at the end of the Order for a summary of those changes. This Order applies in relation to agreements for the stationing of mobile homes in Wales. It came into force on 30 November 2007.
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