Enforcement notices; Injunctions; Mobile homes;

112-mobilehome-logcabin-kithomes

Mobile Homes Act 1983 c. 34
Schedule 1 AGREEMENTS UNDER ACT
Part I TERMS IMPLIED BY ACT
Qualifying residents' association
para. 28  
Version in force from: November 30, 2007 to present (version 2 of 2)
Terms in Context:
...made on or after that date to which 1983 c.34 applies and which relates to the stationing of a mobile home in England)28.— (1) A residents' association is a qualifying residents' association in relation to a protected site if— (a) it is an association representing the occupiers of mobile homes on that site; (b) at least 50 per cent. of the occupiers of the mobile homes on that site are members of the association; (c) it is independent from the owner, who together with any agent ...
...has so ordered.(2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b) above, each mobile home shall be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement. In relation to ...
...a qualifying residents' association in relation to a protected site if—(a) it is an association representing the occupiers of mobile homes on that site; (b) at least 50 per cent. of the occupiers of the mobile homes on that site are members of the association; (c) it is independent from the owner, who together with any agent ...
...has so ordered.(2) When calculating the percentage of occupiers for the purpose of sub-paragraph (1)(b) above, each mobile home shall be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement...
52.
Agricultural land - planning permission for agricultural dwelling (Case Comment)
Citation: J.P.L. 1997, Aug, 724-735
Subject: Planning; Civil procedure
Keywords: Enforcement notices; Estoppel; Limitations; Mobile homes; Variation
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...live there with his wife and children. At an unspecified date in 1987, Mr Hammond's daughter moved back into the mobile home. On July 23, 1992, the Council served another enforcement notice relating to the mobile home. On July 27, 1992, the 10 year rule introduced by section 4 of the Planning and Compensation Act, which inserted ...
...the bungalow. Instead he went on living in it with his family, and his daughter went on living in the mobile home. It was not until July 23, 1992 that the council served another enforcement notice relating, this time relating to the mobile home. The breach alleged was “the stationing of a mobile home”. When the notice was served on him, Mr Hammond told the officers who served it that his daughter, who was by now 20, was the occupier of the mobile home. He took them to inspect it, and he says that they said they would come back later that day and ...
...he expressed the view at the inquiry that the allegation in the notice which referred to the stationing of a mobile home should be amended to include reference to the purpose for which the mobile home was used at the time when the notice was issued. He said there was no dispute that the mobile home was used at that time for residential purposes. He referred to the case of Wealden District Council v. Secretary of ...
...mere labelling. Mr Hammond believed that the only matter being complained of was the fact that he had stationed the mobile home on the land, and he did not know that the matter that was really being complained of was that he had stationed the mobile home there for human habitation. He believes that the Inspector ought to have made it clearer to him that he was ...
...intervene. But I cannot see that Mr Hammond's arguments have any substance at all. He knew perfectly well what the mobile home was being used for and what the local authority was complaining about, and he would not have taken the enforcement officers over to show them that it was in fact his daughter who was using the mobile home as a place of human habitation if he did not know that this was the breach of planning control about which they were concerned, and not the mere stationing of the mobile home on the land. He also knew that the Inspector was considering amending the notice. In my judgment the Inspector's judgment...
53.
Barton v Care Court of Appeal (Civil Division), 03 July 1992
Subject: Planning
Keywords: Agreements; Caravan sites; Mobile homes; Statutory duty
Where Reported: (1992) 24 H.L.R. 684; [1992] 42 E.G. 106; Times, September 22, 1992; Independent, August 3, 1992
Documents: Case Analysis  (1992) 24 H.L.R. 684  
Terms in Context:
...BartonCare BARTON & ANOR.V CARE & ANOR. (1992) 24 H.L.R. 684 [1992] 42 E.G. 106 Times, September 22, 1992 ...
...July 1992Parker, L.J. Parker LJ Woolf, L.J. Woolf LJ Staughton, L.J. Staughton LJ (c)Sweet & Maxwell Limited Planning Caravan sites Mobile homes Agreements Statutory duty Mobile home site agreement statement of terms no statement provided within three months statement thereafter issued voluntarily whether terms of agreement may ...
...statement of terms more than three months after an agreement, the court may nonetheless imply terms in accordance with the Mobile Homes Act 1983 s.2(2) and Pt.II of Sch.1 A pitched a caravan on a site subject to the Mobile Homes Act 1983 and owned by B. B failed to provide a written statement of terms and conditions within three months ...
...Exeter). C Ratcliffe & Bibby (Carnforth). 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 20060628150104 Mobile Homes Act 1983 (c.34) s.1 Mobile Homes Act 1983 (c.34) s.2 Mobile Homes Act 1983 Sch.1 Mobile Homes Act 1983 s.2(2) and Pt.II of Sch.1 1992234126 723...
54.
Owner of land granted permission to station a caravan for use as a residence - permission withdrawn and possession order granted (Case Comment)
Citation: J.P.L. 1986, Oct, 751-753
Subject: Planning
Keywords: Caravan sites; Mobile homes; Planning permission; Possession of land
Documents: Full Text Article  Legal Journals Index Abstract  
Terms in Context:
...caravan for use as a residence - permission withdrawn and possession order grantedJ.P.L. 1986, Oct, 751-753 Planning Caravan sites Mobile homes Planning permission Possession of land Balthasar v Mullane (1986) 17 H.L.R. 561 (CA) LJI0000009101 J.P.L. 751 751 The plaintiffs gratuitously allowed the defendants temporarily to station their mobile home on part of their land and to occupy it as their residence. No planning permission was ever granted. The plaintiffs ...
...L.J. said that the point at issue in this appeal was whether the defendants were entitled to protection under the Mobile Homes Act 1983, the provisions of which provided that their right to have their caravan on the land could not, at...
...could not regain possession in law.There was no planning permission and no site licence for the defendants' plot. The Mobile Homes Act 1983, section 1(1), provided: “1(1) This Act applies to any agreement under which a person (‘the occupier’) is entitled--( a ) to station a mobile home on land forming part of a protected site; and ( b ) to occupy the mobile home as his only or main residence.” There was no doubt that the defendants' caravan was a mobile home and there was no doubt that they had occupied it as their only or main residence. That left the questions ...
...grant it though it might be subject to conditions. Therefore, it had to be assumed that when Parliament passed the Mobile Homes Act 1983, or its predecessor, the Mobile Homes Act 1975, they were envisaging sites which were the subject of planning permission. Finally, Mr. Pugh-Smith pointed out that ...
...the limitation on the right to station imposed by paragraph 2(2) of Part 1 of Schedule 1 to the Mobile Homes Act 1983.This limitation on the rights of mobile home owners can be justified on the grounds that it would be wrong to give what would be tantamount to a...
55.

Mobile Homes Act 1983 c. 34
Schedule 1 AGREEMENTS UNDER ACT
Part I TERMS IMPLIED BY ACT
Sale of mobile home
para. 8  
Version in force from: November 30, 2007 to present (version 5 of 5)
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 Sale of mobile home para. 8 1983 c. 34 Schedule 1 Part I Sale of mobile home para. 8 4 8.— (1) The occupier shall be entitled to sell the mobile home, and to assign the agreement, to a person approved of by the owner, whose approval shall not be unreasonably withheld ...
...be in writing; and(b) may be either delivered personally or sent by post. (2) Where the occupier sells the mobile home, and assigns the agreement, as mentioned in sub-paragraph (1) above, the owner shall be entitled to receive a commission ...
...House of Parliament; and(b) may make different provision for different areas or for sales at different prices. Modified by Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006/1755 art.2(4) (October 1, 2006: modification applies in relation ...
...made on or after that date to which 1983 c.34 applies and which relates to the stationing of a mobile home in England)In relation to Wales: 8.— (1) The occupier shall be entitled to sell the mobile home, and to assign the agreement, to a person approved of by the owner, whose approval shall not be unreasonably withheld...
56.
New Forest DC v Shutler Queen's Bench Division (Administrative Court), 15 December 2005
Subject: Planning

Keywords: Enforcement notices; Injunctions; Mobile homes; Personal circumstances; Planning control
Where Reported: [2005] EWHC 3122 (Admin); [2006] J.P.L. 1206; Official Transcript
Documents: Case Analysis  Official Transcript  
Terms in Context:
...New Forest DCShutler NEW FOREST DISTRICT COUNCIL V SHUTLER & ORS R. (on the application of New Forest ...
...Admin)UKEW England and Wales Official 15 December 2005 Bean, J. Bean J (c)Sweet & Maxwell Limited Planning Enforcement notices Injunctions Mobile homes Personal circumstances Planning control planning control injunctions mobile home stationed on parents' land flagrant and prolonged defiance of planning control father's ill-health The applicant local authority sought an ...
...from breaching planning control on a site situated in a national park. S were a couple who had stationed their mobile home in the grounds of the husband's parents' farmhouse, where the mother cared for the father who suffered from Alzheimer's disease. The local authority issued an enforcement notice requiring the removal of the mobile home. A planning inspector dismissed S's appeal. S still failed to comply with the enforcement notice. The local authority, after hearing ...
...representations from S, decided to use its powers under s.178 to enter on to the land and remove the mobile home. Instead S removed it, but a month later brought it back and added a brick skirt and conservatory. The local authority issued a stop notice and threatened s.178 action if the mobile home was not removed within a month. S replied that they had complied with the enforcement notice, which related to a mobile home, but the structure was now a building. S applied unsuccessfully for an interim injunction to prevent the local authority from ...
...1)Travellers: application for injunction - grant appropriate where persistent breach of planning control Adviser 2006, 116, 35 Enforcement notices Injunctions Mobile homes Personal circumstances R. (on the application of New Forest DC) v Shutler. J.P.L. 2006, Aug, 1206-1216 Enforcement notices Injunctions Mobile homes Personal circumstances 2008261619 724...
57.

Debt Arrangement and Attachment (Scotland) Act 2002 asp 17 (Scottish Act)
Part 2 ATTACHMENT
Attachment of articles kept outwith dwellinghouses etc.
s. 16 Attachment of mobile homes  
Version in force from: December 30, 2002 to present (version 1 of 1)
Terms in Context:
...PreambleArrangement of Act Overview Document General Materials 20021230 true Debt ...
...Act 2002 asp 17 (Scottish Act)Part 2 ATTACHMENT Attachment of articles kept outwith dwellinghouses etc. s. 16 Attachment of mobile homes 2002 asp 17 Part 2 Attachment of articles kept outwith dwellinghouses etc. s. 16 0 16 Attachment of mobile homes (1) Where a mobile home which is the only or principal residence of a person other than the debtor has been attached— (a) the officer ...
...b)the sheriff may, on an application by the debtor or that other person, order that the attachment of the mobile home is to cease to have effect. (2) The sheriff— (a) shall consider any application for an order under subsection (1) above which is made before the date which is 14 days after the date on which the mobile home is attached; and (b) may, on cause shown, consider any such application which is made at any time after that date but before the date on which the attached mobile home is auctioned...
58.

Housing (Scotland) Act 2006 asp 1 (Scottish Act)
Part 6 MOBILE HOMES
s. 169 Implied terms relating to termination of agreements or disposal of mobile homes  
Version in force from: May 28, 2007 to present (version 1 of 1)
Terms in Context:
...PreambleArrangement of Act Overview Document General Materials 20070528 true Housing (Scotland) Act 2006 asp 1 (Scottish Act) Part 6 MOBILE HOMES s. 169 Implied terms relating to termination of agreements or disposal of mobile homes 2006 asp 1 Part 6 s. 169 0 169 Implied terms relating to termination of agreements or disposal of mobile homes (1) Part 1 of Schedule 1 (terms implied in site agreements) to the 1983 Act 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) the words “age and” are repealed, (b) after sub-paragraph (2) insert— “(3) Sub-paragraphs (4) and (5) below ...
...application under sub-paragraph (1) above— (a) the court considers that— (i) having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it; but (ii) 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 (b) the occupier indicates an intention to carry ...
...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...
59.

Mobile Homes Act 1975 c. 49
s. 9 Interpretation.  
Version in force from: Date not available to present (version 1 of 1)
Terms in Context:
...PreambleArrangement of Act Overview Document General Materials 19910201 true Mobile Homes Act 1975 c. 49 s. 9 Interpretation. 1975 c. 49 s. 9 0 act of 1960 act of 1968 9 ...
...of Development Act 1960“the Act of 1968” means the Caravan Sites Act 1968 Definition of \u201ccourt\u201d repealed by Mobile Homes Act 1983 (c.34), s. 6, Sch. 2 “mobile home” has the same meaning as “caravan” in Part I of the Act of 1960 as amended by the Act of 1968; Definition of \u201coccupier\u201d repealed by Mobile Homes Act 1983 (c.34), s. 6, Sch. 2 Definition of \u201cowner\u201d repealed by Mobile Homes Act 1983 (c.34), s. 6, Sch. 2 Definition of \u201cplanning permission\u201d repealed by Mobile Homes Act 1983 (c.34), s. 6, Sch. 2 Definition of \u201cprotected site\u201d repealed by Mobile Homes Act 1983 (c.34), s. 6, Sch. 2 Definition of \u201csite licence\u201d repealed by Mobile Homes Act 1983 (c.34), s. 6, Sch. 2 (2) In the application of this Act to Scotland any reference to...
60.

Planning
Citation: J.L.G.L. 2002, 5(1), D8
Subject: Landlord and tenant
Keywords: Caravan sites; Mobile homes; Security of tenure
Documents: Legal Journals Index Abstract  
Terms in Context:
...Article - JournalCase Comment Planning. J.L.G.L. 2002, 5(1), D8 Journal of Local Government Law Landlord and tenant Caravan sites Mobile homes Security of tenure Whether plot on caravan site was protected site for purposes of s.2 of 1983 Act where ...
...plot was not permitted to be used for permanent residential use but appellant allowed defendant to park his caravan there.Mobile Homes Act 1983 s.2 Berkeley Leisure Group Ltd v Hampton [2001] EWCA Civ 1474; [2001] 42 E.G. 137 (C.S.) (CA...