Housing
Park Homes Factsheet: Consolidated Implied Terms

Park Homes Factsheet: Consolidated Implied Terms

Published 22 August 2006
Type(s) Reports and summaries, Good practice and guidance
Site Housing
Product code N/A
Price Free

Summary

Implied terms are contractual terms which are implied by statute into the agreement between a resident and a park owner which permits the resident to station his park home on the site and occupy it as a residence. These terms implied by the Mobile Homes Act 1983 (the 1983 Act) constitute the minimum rights and obligations that all residents have.

The Housing Act 2004 (the 2004 Act) and the Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (the 2006 Order) add to and amend the implied terms set out in the 1983 Act. The changes as result of the 2004 Act came into force on 18 January 2005. The changes as a result of the 2006 Order will come into force on 1 October 2006.

The implied terms set out below incorporate all the changes made by the 2004 Act and the 2006 Order. From 1 October 2006 they will apply to all agreements under the 1983 Act, both existing and new. The amendments and new implied terms can be annexed to existing written statements. However, even if they are not, the implied terms will automatically apply and so it is not necessary for a new statement to be issued. This is not an opportunity to add new express terms to an existing agreement. This can only be done with the agreement of both the occupier and the owner.

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