Park Homes Advice

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The Supreme Court rules on ending a Park Homes agreement

On 5 November 2014 the Supreme Court handed down judgment in the case of Telchadder v Wickland Holdings Limited [2014] UKSC 57

The appeal has been allowed against an order to end the homeowner’s licence to occupy a park home.

This case involved a park home resident, Mr Telchadder, who appealed a decision against the site owners, Wickland Holdings Limited (“Wickland”) for terminating his pitch agreement for anti-social behaviour.

The Mobile Homes Act 1983 states that a site owner shall be entitled to terminate the licence agreement if the court is satisfied that the occupier has broken a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time; and it considers it reasonable for the agreement to be terminated.

The agreement included a term not to cause a nuisance and annoyance.

After an instance of anti-social behaviour in July 2006 a notice to remedy the breach was served on the occupier. After another incident in 2009, proceedings for permission to end the agreement were started based on the 2006 notice.

The Supreme Court ruled that the occupier had complied with the 2006 notice within a reasonable time through committing no further breach until July 2009 and that following that breach, a further notice should have been served.

The notice requirement in the 1983 Act applied only to a breach that is capable of remedy.

See our full article about this decision

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