Mobile Homes Act 1983
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Change 1
2 Terms of agreements.
(1) In any agreement to which this Act applies there shall be implied the applicable terms set out in Part I of Schedule 1 to this Act; and this subsection shall have effect notwithstanding any express term of the agreement. (2) The courtappropriate judicial body may, on the application of either party made within the relevant period, order that there shall be implied in the agreement terms concerning the matters mentioned in Part II of Schedule 1 to this Act. (3) The appropriate judicial body may, on the application of either party made within the relevant period, make an order— (a) varying or deleting any express term of the agreement other than a site rule (see section 2C); (b) in the case of any express term to which section 1(6) above applies other than a site rule (see section 2C), provide for the term to have full effect or to have such effect subject to any variation specified in the order. (3A) In subsections (2) and (3) above “the relevant period” means the period beginning with the date on which the agreement is made and ending— (a) six months after that date, or (b) where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(6) above), six months after the date on which the statement is given; and section 1(8) above applies for the purposes of this subsection as it applies for the purposes of section 1. (3) The court may, on the application of either party made within the relevant period, make an order— (a) varying or deleting any express term of the agreement; (b) in the case of any express term to which section 1(6) above applies, provide for the term to have full effect or to have such effect subject to any variation specified in the order. (3A) In subsections (2) and (3) above “the relevant period” means the period beginning with the date on which the agreement is made and ending— (a) six months after that date; or (b) where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(7) above), six months after the date on which the statement is given; and section 1(9) above applies for the purposes of this subsection as it applies for the purposes of section 1. (4) On an application under this section, the courtappropriate judicial body shall make such provision as the courtappropriate judicial body considers just and equitable in the circumstances. (5) The supplementary provisions in Part 3 of Schedule 1 to this Act have effect for the purposes of paragraphs 8 and 9 of Chapter 2 of Part 1 of that Schedule. (6) Subsections (2) to (4) do not apply in relation to a person occupying or proposing to occupy a transit pitch ... on a local authority gypsy and traveller site or a county council gypsy and traveller site. (7) In subsection (6) “county council gypsy and traveller site”, “local authority gypsy and traveller site” and “transit pitch” all have the same meanings as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to this Act.
2 Terms of agreements.
(1) In any agreement to which this Act applies there shall be implied the applicable terms set out in Part I of Schedule 1 to this Act; and this subsection shall have effect notwithstanding any express term of the agreement. (2) The courtappropriate judicial body may, on the application of either party made within the relevant period, order that there shall be implied in the agreement terms concerning the matters mentioned in Part II of Schedule 1 to this Act. (3) The appropriate judicial body may, on the application of either party made within the relevant period, make an order— (a) varying or deleting any express term of the agreement other than a site rule (see section 2C); (b) in the case of any express term to which section 1(6) above applies other than a site rule (see section 2C), provide for the term to have full effect or to have such effect subject to any variation specified in the order. (3A) In subsections (2) and (3) above “the relevant period” means the period beginning with the date on which the agreement is made and ending— (a) six months after that date, or (b) where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(6) above), six months after the date on which the statement is given; and section 1(8) above applies for the purposes of this subsection as it applies for the purposes of section 1. (3) The court may, on the application of either party made within the relevant period, make an order— (a) varying or deleting any express term of the agreement; (b) in the case of any express term to which section 1(6) above applies, provide for the term to have full effect or to have such effect subject to any variation specified in the order. (3A) In subsections (2) and (3) above “the relevant period” means the period beginning with the date on which the agreement is made and ending— (a) six months after that date; or (b) where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(7) above), six months after the date on which the statement is given; and section 1(9) above applies for the purposes of this subsection as it applies for the purposes of section 1. (4) On an application under this section, the courtappropriate judicial body shall make such provision as the courtappropriate judicial body considers just and equitable in the circumstances. (5) The supplementary provisions in Part 3 of Schedule 1 to this Act have effect for the purposes of paragraphs 8 and 9 of Chapter 2 of Part 1 of that Schedule. (6) Subsections (2) to (4) do not apply in relation to a person occupying or proposing to occupy a transit pitch ... on a local authority gypsy and traveller site or a county council gypsy and traveller site. (7) In subsection (6) “county council gypsy and traveller site”, “local authority gypsy and traveller site” and “transit pitch” all have the same meanings as in paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to this Act.
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