Simon Allison appeared this month in what appears to be the first ever determination by the Residential Property Tribunal under paragraph 5A(2)(a) of Part 1, Chapter 2 of Schedule 1 to the Mobile Homes Act 1983. Whilst we are sure you all are very familiar with the provision, it provides a means by which a site owner may recover possession of a plot, namely on the grounds that the condition of the mobile home is such that it is having a detrimental effect upon the amenity of the site as a whole.
In other words, is it an eyesore when compared to the rest of the site. The procedure requires a yes/no determination from the Tribunal, with a further application to the county court required to obtain possession, where issues of reasonableness will be considered.
In Simon's case CAM/11UC/PHD/2012/0001, in which he acted for the Respondent site owner, the Tribunal found that the condition of the Respondent's home was detrimental, but exercised their power to give the Respondent a specified period in which to carry out works of repair and improvement which he had indicated an intention to carry out.
The decision can be found here.
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