Epa Prospective Purchaser Agreement

At Colchester solicitors Asher Prior Bates, our litigation team led by Michael Hicks has extensive experience in mobile home law and litigation cases, assisting clients in Essex, Suffolk, and across the UK.

The following takes a closer look at The Mobile Homes Act agreement and aims to help site owners and residents ensure they are up to date with changes. The Mobile Homes Act 1983 has been amended following the introduction of the Housing Act 2004 and subsequent Regulations in 2006 and 2011.

It is therefore essential that site owners and residents are aware of the changes, which apply to every Mobile Homes Act Agreement, regardless of when the agreement was entered into. Some important provisions/changes are highlighted below:

(a) If the resident is no longer occupying the mobile home as their main residence, then the site owner must also now prove to the court that it is ‘reasonable’ to terminate the resident’s agreement. Previously, the site owner needed only to show that the resident was no longer in occupation, and thus now has an additional hurdle to show reasonableness to succeed.

(b) When residents intend to sell their mobile home, the residents must give the site owner at least 28 days’ written notice of the details of the prospective purchaser to enable the site owner to consider granting consent to a sale/assignment.

(c) The site owner can no longer impose conditions upon a resident’s sale of their mobile home. The site owner can only accept or refuse consent to the sale and must provide an explanation for any refusal. Any unreasonable refusal can be challenged by application to the Residential Property Tribunal, and it appears that the site owner can only refuse based on the incoming resident not meeting the site’s requirements.

(d) The site owner now has the authority to move and/or re-site a mobile home, providing this is achieved in accordance with the procedure under the Act. In many cases, the court’s permission must be obtained; there are, however, exceptions.

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