News – Agreements; Caravan Sites; Fees; Mobile Homes

Householder pays for gas not purchased (Case Comment)
Citation: Conv. 1999, Sep/Oct, 374-375
Subject: Planning; Real property
Keywords: Agreements; Caravan sites; Fees; Mobile homes
Documents: Full Text Article  Legal Journals Index Abstract
Terms in Context:
…for gas not purchasedPhillip H. Kenny Conv. 1999, Sep/Oct, 374-375 Planning Real property Agreements Caravan sites Fees Mobile homes Howard v Kinvena Homes Ltd (1999) 96(25) L.S.G. 30 (CA) LJI0000294432 Conv. 374 374 In a recent case the …
…would cause “shock and outrage” quite rightly. However, the decision was in the strange corner of conveyancing jurisprudence known as mobile homes law. To those who are resident on mobile home sites the sale of bottled gas by the site owner has long been a source of dispute. Many site owners …
…relevant factor in the annual review of the pitch fee.The rather curious provisions for review of pitch fee on mobile home sites were discussed by the Court of Appeal in the almost equally puzzling decision of Stroud v. Weir Associates Ltd …
…area where the householder can be charged through rent for profit on gas that has not been supplied. The current mobile homes legislation was introduced in haste before the 1983 election and by many the need for review has been obvious since the date of enactment of the Mobile Homes Act 1983. Regrettably, it is clear that this small sector of the housing community lacks the electoral pull of the…
72.
Canada: negligence – duty of care (Case Comment)
Citation: J.I.B.L. 1998, 13(3), N22
Subject: Banking and finance; Negligence
Keywords: Bankers duties; British Columbia; Duty of care
Documents: Full Text Article  Legal Journals Index Abstract
Terms in Context:
…under a loan to borrowers living on an Indian reservation. The funds were intended to be used to purchase a mobile home, which would be relocated to the Indian reservation. In a letter requested by the vendor of the mobile home to confirm the bank’s financing, the bank stated that it would deliver to the vendor the loan proceeds after the mobile home had been situated on the lot. However, the bank failed to mention the ministerial guarantee requirement. The mobile home was delivered but because the borrowers ultimately failed to obtain the ministerial guarantee (although they had advised the bank that all the paperwork was in place), the loan funds were never advanced. The mobile home vendor sued the bank for misrepresentation. Held: The British Columbia Supreme Court held that the bank owed a duty of care to the mobile home vendor based on the reasonable and foreseeable reliance by the vendor on the representations made, by the voluntary provision of…
73.
Housing (Scotland) Act 2006 asp 1 (Scottish Act)
Part 6 MOBILE HOMES
Arrangement of Provisions
Terms in Context:
…PreambleArrangement of Act Overview Document General Materials not applicable Housing (Scotland) Act 2006 asp 1 (Scottish Act) Part 6 MOBILE HOMES Arrangement of Provisions 2006 asp 1 Part 6 Arrangement of Provisions 0 PART 6 MOBILE HOMES Part 6 MOBILE HOMES s. 167 Particulars of site agreements to be given in advance s. 168 Variation of site agreements s. 169 Implied terms relating to termination of agreements or disposal of mobile homes s. 170 Power to amend terms implied in site agreements s. 171 Amendments: harassment and eviction of occupiers of mobile homes…
74.

Housing Act 2004 c. 34
Part 6 OTHER PROVISIONS ABOUT HOUSING
Chapter 3 MOBILE HOMES
Site agreements
s. 207 Implied terms relating to termination of agreements or disposal of mobile homes
Version in force from: November 18, 2004 to present (version 1 of 1)
Terms in Context:
…PreambleArrangement of Act Overview Document General Materials 20041118 true Housing Act 2004 c. 34 Part 6 OTHER PROVISIONS ABOUT HOUSING Chapter 3 MOBILE HOMES Site agreements s. 207 Implied terms relating to termination of agreements or disposal of mobile homes 2004 c. 34 Part 6 Chapter 3 Site agreements s. 207 0 207 Implied terms relating to termination of agreements or disposal of mobile homes (1) Part 1 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) (terms implied in site agreements) is amended as follows. (2) In paragraph 6 (termination by owner on ground of detrimental effect resulting from age and condition of mobile home)– (a) omit “age and” ; and (b) after sub-paragraph (2) insert– “(3) Sub-paragraphs (4) and (5) below apply if …
…an application under sub-paragraph (1) above– (a) the court considers that, having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it, but (b) it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it, and (c) the occupier indicates that he intends to …
…satisfied that the specified period has expired without the repairs having been carried out.”(3) In paragraph 8 (sale of mobile home to person approved by owner)– (a) after sub-paragraph (1) insert– “(1A) The occupier may serve on the owner a…
75.
Chelmsford B.C. v Secretary of State for the Environment (Unreported) (QBD) (Case Comment)
Citation: J.P.L. 1995, Apr, B35
Subject: Planning; Agriculture
Keywords: Agricultural holdings; Green belt; Local plans; Mobile homes; Planning permission
Documents: Full Text Article  Legal Journals Index Abstract
Terms in Context:
…Secretary of State for the Environment (Unreported) (QBD)J.P.L. 1995, Apr, B35 Planning Agriculture Agricultural holdings Green belt Local plans Mobile homes Planning permission Chelmsford B.C. v Secretary of State for the Environment (Unreported) (QBD) LJI0000161373 J.P.L. B35 B35 The second respondent applied for planning permission to retain a double unit mobile home for agricultural occupation (appeal 1) and retain a turkey preparation and storage building including proposed extension to plucking room (appeal …
…Green Belt. Held, the Inspector applied PPG 7. He found that Policy 56 of the local plan (imposing restrictions on mobile homes for agricultural workers) would have applied if it had been a new proposal but as it was well established that …
…careful consideration of the implications of the decision and, read as a whole, appeal no. 1 in relation to the mobile home must fail. On the second appeal, the Inspector found that the appellant was right in stating that the new building…
76.
Housing Act 2004 c. 34
Part 6 OTHER PROVISIONS ABOUT HOUSING
Chapter 3 MOBILE HOMES
Arrangement of Provisions
Terms in Context:
…ActOverview Document General Materials not applicable Housing Act 2004 c. 34 Part 6 OTHER PROVISIONS ABOUT HOUSING Chapter 3 MOBILE HOMES Arrangement of Provisions 2004 c. 34 Part 6 Chapter 3 Arrangement of Provisions 0 CHAPTER 3 MOBILE HOMES Chapter 3 MOBILE HOMES Site agreements s. 206 Particulars of site agreements to be given in advance s. 207 Implied terms relating to termination of agreements or disposal of mobile homes s. 208 Power to amend terms implied in site agreements Protection from eviction etc. s. 209 Protected sites to include sites for gypsies s. 210 Extension of protection from harassment for occupiers of mobile homes s. 211 Suspension of eviction orders…
77.
Mid Sussex DC v Boyle Queen’s Bench Division, 20 July 2001
Subject: Planning
Keywords: Areas of outstanding natural beauty; Caravans; Enforcement notices; Injunctions
Where Reported: Official Transcript
Documents: Case Analysis  Official Transcript
Terms in Context:
…the Defendant from using, or causing or permitting the use of the land in question for the stationing of vehicles, mobile homes or caravans;b. to require the Defendant to remove all vehicles, mobile homes or caravans from the land within 14 days of the order; c. to require the Defendant to remove the structures …
…development, it should be “personal to the appellant and her husband and subject to landscaping and the colour of the mobile home as recommended by the Council”. In due course, the Secretary of State upheld the appeal in a decision letter dated 29 August 1986, and he granted planning permission for the continued stationing of a mobile home for the purpose of human habitation — without any need for compliance with the original Condition 1 of the planning permission …
…the appeals were dismissed. The first notice, relating to unauthorised structures, was upheld without amendment. The second notice (stationing of mobile homes and caravans) was amended so as to require “discontinuance of the use of land for the storage of mobile homes except for one mobile home and one caravan in the positions marked 8 and 10 on Plan 2 attached to the notice”. There was a …
…shall not enure for the benefit of the land”. This condition, it was said, had been breached in that the mobile home stationed on the land was being used by somebody else. The notice accordingly required the cessation of the use of the land for stationing a mobile home for human habitation purposes, and also the removal of the mobile home together with all items and materials association with its residential use. The Defendant appealed to the Secretary of State and …
…no change over the intervening three weeks. A letter of 15 January 2001 was sent to the Defendant requiring the mobile home to be removed by 31 January of this year. Accordingly, on that date, Mr Palmer again visited the site and saw that the mobile home was still there. He noted that there had been little change since his visit on 12 January. On 5 March…
78.

Mobile Homes Act 1983 c. 34
Schedule 1 AGREEMENTS UNDER ACT
Part I TERMS IMPLIED BY ACT
Occupier’s obligations
para. 21
Version in force from: November 30, 2007 to present (version 2 of 2)
Terms in Context:
…PreambleArrangement of Act Overview Document General Materials 20071130 true Mobile Homes Act 1983 c. 34 Schedule 1 AGREEMENTS UNDER ACT Part I TERMS IMPLIED BY ACT Occupier’s obligations para. 21 1983 …
…obligationspara. 21 1 Sch.1 Part 1 paras.10-29 substituted for Sch.1 Part 1 para.10 by Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006/1755 art.2(6) (October 1, 2006: substitution applies in relation …
…under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner;(c) keep the mobile home in a sound state of repair; (d) maintain— (i) the outside of the mobile home, and (ii) the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home, in a clean and tidy condition; and (e) if requested by the owner, provide him with documentary evidence of any …
…under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner;(c) keep the mobile home in a sound state of repair; (d) maintain— (i) the outside of the mobile home, and (ii) the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home, in a clean and tidy condition; and (e) if requested by the owner, provide him with documentary evidence of any…
79.

Housing Act 2004 c. 34
Part 6 OTHER PROVISIONS ABOUT HOUSING
Chapter 3 MOBILE HOMES
Protection from eviction etc.
s. 210 Extension of protection from harassment for occupiers of mobile homes
Version in force from: April 1, 2009 to present (version 2 of 2)
Terms in Context:
…PreambleArrangement of Act Overview Document General Materials 20090401 true Housing Act 2004 c. 34 Part 6 OTHER PROVISIONS ABOUT HOUSING Chapter 3 MOBILE HOMES Protection from eviction etc. s. 210 Extension of protection from harassment for occupiers of mobile homes 2004 c. 34 Part 6 Chapter 3 Protection from eviction etc. s. 210 1 210 Extension of protection from harassment for occupiers of mobile homes (1) Section 3 of the Caravan Sites Act 1968 (protection of occupiers against eviction and harassment) is amended as follows…
80.
Sevenoaks DC v Gardiner Queen’s Bench Division, 26 January 2001
Subject: Administration of justice; Sentencing
Keywords: Committal orders; Contempt of court; Mobile homes; Planning; Suspended sentences
Where Reported: Official Transcript
Documents: Case Analysis  Official Transcript
Terms in Context:

…Sevenoaks DCGardiner SEVENOAKS DC V GARDINER Official Transcript Sevenoaks DC Gardiner HQ 9902255 SEVENOAKS DC V …
…Kingdom26 January 2001 Mackay, J. Mackay, J (c)Sweet & Maxwell Limited Administration of justice Sentencing Committal orders Contempt of court Mobile homes Planning Suspended sentences committal orders contempt of court failure to remove mobile home suspended sentence activated SDC applied to lift the suspension of a committal order against G owing to his failure to comply with an order that he remove his mobile home from a site where it had been placed in defiance of planning controls. G sought the continued suspension of the …
…could entitle him to continue to live on the site. SDC contended that, even if the appeals were successful, G’s mobile home would still have to be removed. SDC applied to lift the suspension of a committal order against G owing to his failure to comply with an order that he remove his mobile home from a site where it had been placed in defiance of planning controls. G sought the continued suspension of the …
…could entitle him to continue to live on the site. SDC contended that, even if the appeals were successful, G’s mobile home would still have to be removed. Having taken into account G’s poor prospect of ever obtaining the legal right to continue living in his mobile home and the extensions which had already been granted, the court held that the suspension was lifted. Held, granting the application, that G had poor prospects of ever obtaining the legal right to continue living in his mobile home and he had already been granted extensions of the suspension of the order. Therefore, the suspension was lifted with the…