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I just love the welcoming people and the community spiritedness - 50%
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The voting for this poll has ended on: 19 Jan 2018 - 13:52





Supreme Court case on terminating a park home agreement

leaseFollowing an important Supreme Court judgment, Aimee Hutchinson, from Blacks Solicitors and Ibraheem Dulmeer, a solicitor at Leasehold Advisory Services, examine the possible implications for site owners and residents

The Supreme Court case of Telchadder –v- Wickland Holdings Limited [2014] provided important guidance on the steps site owners should take before issuing court proceedings against a resident to gain possession of a pitch.

The main point to be taken from this case is that a site owner should serve a notice upon a resident where there is a breach of the Written Statement and/or Pitch Agreement. That notice should, where possible, provide the resident with a reasonable time in which to remedy the breach.

The facts
Mr Telchadder was the occupier of a mobile home on Meadowview Park, a residential park in Essex, owned by Wickland Holdings Limited (“Wickland”).

Mr Telchadder moved onto the site in 2006 and a Written Statement was entered into between Mr Telchadder and Wickland on 1 June 2006 (“the Agreement”).

In accordance with the Mobile Homes Act 1983 certain terms were implied into the Agreement.

The relevant implied term in this case is the implied term which allows a site owner to terminate an agreement with an occupier only if a Court is satisfied that:

a) The occupier has breached a term of the agreement and after service of a notice to remedy the breach, has failed to do so in a reasonable time frame; and

b) It is reasonable to terminate the agreement.

The Agreement contained certain express terms. Under the express terms, Mr Telchadder agreed not to act in a way which was an annoyance or would disturb other residents on the site. 

 

If you need any further information please do not hesitate to contact LEASE telephone advice line on 020 7832 2525 or Aimee Hutchinson, Solicitor in the Holiday & Home Parks Team at Blacks Solicitors LLP, on 0113 2279 203 or AHutchinson@LawBlacks.com. This article is not meant to describe or give a full interpretation of the law; only the courts can do that. If you are in any doubt about your rights and duties then seek specific advice.


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To read more about this issue read the November 2017 issue of Park Homes and Holiday Caravan

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