Howard Vs Charlton Court of Appeal (Civil Division) 25 July 2002

112-mobilehome-logcabin-kithomes

Howard Vs Charlton Court of Appeal (Civil Division) 25 July 2002

Where Reported
[2002] EWCA Civ 1086; [2003] 1 P. & C.R. 21; [2002] 3 E.G.L.R. 65; [2002] 39 E.G. 150; [2002] 31 E.G. 98 (C.S.); (2002) 99(37) L.S.G. 38; (2002) 146 S.J.L.B. 201; [2002] N.P.C. 104; Times, August 19, 2002; Official Transcript

Case Digest
Subject: Planning
Keywords: Agreements; Caravan sites; Mobile homes; Possession; Termination
Summary: Claimant owned caravan situated on defendant#s site under lease agreement protected by Mobile Homes Act 1983 - Owner of site sought possession of claimant#s site on basis that home no longer mobile following addition of porch extension and had therefore ceased to enjoy statutory protection - Site owner not entitled to possession - Termination of occupation only in accordance with agreement under which claimant held home - Agreement contained specific provisions for termination by owner none of which was that structure had ceased to be mobile home - Question was not whether the caravan remained mobile home but whether agreement to station mobile home had been validly terminated in accordance with its terms.
Abstract: H, the owner of a licensed caravan site, appealed against the rejection of her claim that C, the occupier of a plot on the site, had, by attaching a porch extension to her mobile home, ceased to reside in a mobile home and therefore was not entitled to the statutory protection afforded by the Mobile Homes Act 1983. In 1991, C had acquired and begun to reside in a purpose built caravan on the site further to a standard form written agreement. The following year, she had attached the bolt on porch extension having obtained planning permission. H had acquired the site in 1999.

Held, dismissing the appeal, that although the judge had correctly determined that the extension had not changed the mobility aspect of C's home within the Caravan Sites and Control of Development Act 1960 s.29, the correct question to be determined, was whether there had been a valid termination of the agreement by which C's home was situated on the site. The agreement was for the stationing of a mobile home within the definitions of the 1983 Act. The caravan was still on the site and the extension was within the scope of the agreement, therefore there was no valid termination.
Judge: Ward, L.J.; Clarke, L.J.; Carnwath, L.J.
Counsel: For H: Kelvin Rutledge. For C: Linda Pearce.
Solicitor: For H: Turbervilles with Nelson Cuff (Uxbridge). For C: Bassetts (Gillingham).
All Cases Cited
Sort by:
Elitestone Ltd v Morris
[1997] 1 W.L.R. 687; [1997] 2 All E.R. 513; (1998) 30 H.L.R. 266; [1997] 2 E.G.L.R. 115; [1997] 27 E.G. 116; [1997] E.G. 62 (C.S.); (1997) 94(19) L.S.G. 25; (1997) 147 N.L.J. 721; (1997) 141 S.J.L.B. 113; [1997] N.P.C. 66; Times, May 7, 1997; HL
Byrne v Secretary of State for the Environment
(1997) 74 P. & C.R. 420; [1998] J.P.L. 122; QBD
Carter v Secretary of State for the Environment
[1994] 1 W.L.R. 1212; 92 L.G.R. 473; [1994] 29 E.G. 124; [1994] E.G. 58 (C.S.); Times, April 6, 1994; Independent, April 4, 1994; CA (Civ Div)
Wyre Forest DC v Secretary of State for the Environment and Allen's Caravans (Estates)
[1990] 2 A.C. 357; [1990] 2 W.L.R. 517; [1990] 1 All E.R. 780; (1990) 60 P. & C.R. 195; [1990] 2 P.L.R. 95; HL
R. v Rent Officer of Nottingham Registration Area Ex p. Allen
(1985) 17 H.L.R. 481; (1986) 52 P. & C.R. 41; [1985] 2 E.G.L.R. 153; (1985) 275 E.G. 251; QBD
Key Cases Citing
Applied by
Brightlingsea Haven Ltd v Morris
[2008] EWHC 1928 (QB); [2009] 2 P. & C.R. 11; [2009] 1 E.G.L.R. 117; Official Transcript; QBD
All Cases Citing
Applied by
Brightlingsea Haven Ltd v Morris
[2008] EWHC 1928 (QB); [2009] 2 P. & C.R. 11; [2009] 1 E.G.L.R. 117; Official Transcript; QBD
Legislation Cited
Caravan Sites Act 1968 (c.52) Part .1
Caravan Sites Act 1968 (c.52) Part IV
Caravan Sites Act 1968 (c.52) Sch.1
Caravan Sites Act 1968 (c.52) s.1
Caravan Sites Act 1968 (c.52) s.1(1)
Caravan Sites Act 1968 (c.52) s.2
Caravan Sites Act 1968 (c.52) s.3
Caravan Sites Act 1968 (c.52) s.13
Caravan Sites Act 1968 Part I
Caravan Sites Act 1968 Part II
Caravan Sites Act 1968 Part III
Caravan Sites and Control of Development Act 1960 (c.62) s.29
Mobile Homes Act 1983 (c.34)
Mobile Homes Act 1983 (c.34) s.1
Mobile Homes Act 1983 (c.34) s.2
Mobile Homes Act 1983 (c.34) s.3
Mobile Homes Act 1975 (c.49)
Motor Vehicles (Authorisation of Special Types) General Order 1979 (SI 1979 1198) s.29
Motor Vehicles (Authorisation of Special Types) General Order 1979 (SI 1979 1198) s.5(1)
Road Vehicles (Construction and Use) Regulations 1986, and the Motor Vehicles (Authorisation of Special Types) General Order 1979 (SI 1979 )
Journal Articles
The mobility of mobile homes and the Mobile Homes Act 1983.
Agreements; Caravan sites; Mobile homes; Possession; Termination.
H.L.M. 2002, 9(9), 4-6
Mobile Homes Act 1983.
Agreements; Caravan sites; Mobile homes; Possession proceedings; Termination.
J.H.L. 2002, 5(6), D101
Mobile Homes Act 1983.
Agreements; Caravan sites; Mobile homes; Possession; Termination.
J.L.G.L. 2002, 5(6), D120-121