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Right to a written statement

This content applies to England

The right to a written statement for mobile home occupiers.

Mobile home occupiers protected under the Mobile Homes Act 1983 are entitled to a written statement that contains the details of their agreement to station a mobile home on a pitch.

Content and form of written agreement

The written statement must set out details of the agreement to station the mobile home, including express terms and those implied by the Mobile Homes Act 1983. Where a prospective occupier buys a new mobile home from a site owner, the agreement will be made at the same time as the contract to buy the mobile home.

The written statement must include:[1]

  • the names and addresses of the parties
  • the date the agreement to station the mobile home is to commence
  • a description of the land and a plan of the pitch on which the mobile home is to be stationed
  • the site owner's interest in the land
  • quiet enjoyment and the owners right of entry to the pitch
  • the occupier's obligations and the owners obligations
  • the pitch fee and the period for which it is payable
  • the procedure for review of the pitch fee
  • any other additional charges
  • the statement of implied terms - ie terms implied by the law, and
  • any express terms of the agreement.

The written statement must be in a prescribed form. Regulations provide that it must be prefaced with a prescribed passage, explaining that the written statement sets out the terms on which the occupier is permitted to station a mobile home on the site and the rights of an occupier under law.[2] The passage should also state that an occupier should obtain independent advice if there is something in the statement that they do not understand.

Status of the written agreement

The written statement is evidence of the agreement between the mobile home occupier and the site owner, but it is not the agreement itself. 

Time limits 

The written statement must be given at least 28 days before the agreement under the Mobile Home Act 1983 is entered into.[3] However, a prospective occupier may consent in writing to a statement being given at a later date. There is no restriction on the terms that are stated at a later date, therefore there is the risk that a site owner may introduce onerous terms that the occupier would not have agreed to if told about them before moving in.

Remedies

An occupier not given a written statement may apply to the court for an order requiring one to be given. Until a written statement has been provided, the express terms of the agreement are not enforceable.

Buying 'second hand'

Where a mobile home is purchased from an existing occupier, the existing agreement between the seller and the site owner will be assigned to the new owner. The seller must complete a 'buyer's information form', and must supply a copy of their own agreement and written statement at least 28 days before the sale of the home and assignment of the agreement is completed. The buyer may consent in writing to receiving this information less than 28 days before completion.

Wales

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

[1] Mobile Homes (Written Statement) (England) Regulations 2011 SI 2011/1006.

[2] Mobile Homes (Written Statement) (England) Regulations 2011 SI 2011/1006.

[3] s.1 Mobile Home Act 1983, as inserted by Housing Act 2004.

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