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Express terms

This content applies to England

Express terms in a mobile home agreement.

The mobile home occupier and the site owner are free to put any express terms into the agreement, so long as they do not conflict with the implied terms (see the page Implied terms for more on these). Regulations governing unfair contract terms may restrict the terms that may be used.

Agreement

The occupier and the site owner may agree special terms that are not related to provisions contained in the Mobile Homes Act 1983, but may also agree a number of terms set out in Part 2 of Schedule 1 to the Act. These terms can be inserted into an agreement at a later date by the First-tier Tribunal (Property Chamber) or an arbitrator, on the application of either the occupier or site owner. These terms cover:

  • the sums payable by the occupier (for use of the pitch and services) and the times of payment
  • the review at yearly interviews of the sums payable
  • the provision or improvement and use of the site's services by the occupier
  • the preservation of the amenity of the site.

Site rules

Site rules form part of the express terms of the agreement. They can relate to matters, such as the permitted age of the mobile home occupier or the keeping of pets, which are in place to maintain good estate management and community cohesion.

Regulations[1] prescribe the statutory procedure that a site owner must follow to make, vary or delete site rules. The procedure includes the following stages:

  • consultation of occupiers and qualifying residents' association about proposed new rules (in the prescribed form)
  • notification of consultation's outcome and new rules to be adopted (in the prescribed form)
  • deposit of the site rules with the local authority (in the prescribed form).

Any site rules made before 26 May 2013 only had effect until 4 February 2015. In that period, site owners had to review all the existing site rules and follow the statutory procedure above. Once the new site rules were deposited with the local authority, the pre-existing rules ceased to have effect unless there was an outstanding appeal.

Occupiers or a qualifying residents' association, who object to the proposed rule(s), or consider that they have not been made in accordance with procedure, can apply to the First Tier Tribunal (Property Chamber) within 21 days of receipt of the consultation response, from the site owner on any of the following grounds:[2]

  • the site rule(s) makes provision in relation to a banned matter
  • the site owner has not complied with the statutory procedure
  • the site owner's decision was unreasonable.

The new rules become express terms of the agreement and enforceable only after deposit of the rules with the local authority. However, the rules cannot be deposited if there is any pending appeal. 

More information (and prescribed forms) for mobile home occupiers and site owners on their rights and obligations under the Mobile Homes Act 1983 is available on Gov.uk.

Varying the agreement

Both the site owner and the mobile home owner may apply, within six months of the making of the agreement or service of the written statement on to the occupier if later, to imply, vary or delete any express terms in the statement.[3] The application must be made to the First-tier Tribunal (Property Chamber).

Unenforceable terms

It is particularly important to note that express terms (other than site rules) not contained in a written statement given to the occupier are unenforceable.[4]

Wales

The information on this page applies only to England. Go to Shelter Cymru for information relating to Wales.

[1] Mobile Homes (Site Rules) (England) Regulations 2014 SI 2014/5.

[2] reg 10 Mobile Homes (Site Rules) (England) Regulations 2014 SI 2014/5 as amended by Mobile Homes (Site Rules) (England) (Amendment) Regulations 2014 SI 2014/3073; O'Kane v Charles Simpson Organisation Ltd [2015] UKUT 355 (LC).

[3] ss.2(2), 2(3) Mobile Homes Act 1983; Mobile Homes (Written Statement) (England) Regulations 2011 SI 2011/1006.

[4] s.1(5) Mobile Homes Act 1983, as amended by s.9 Mobile Homes Act 2013.

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