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Posted 14 May 2015
by Paul Kelly

Refusal orders – when must you give the occupier notice?

Where a park owner applies for a refusal order, on grounds that a purchaser of a mobile home bought prior to 26 May 2013 breaches a park rule relating to age, number or type of pets, or number or type of vehicle – a specific procedure must be followed. This is contained in the Mobile Homes Act 1983 (as amended) (“the Act”).

The Act requires the park owner to make an application and send the seller a notice of the application being made within 21 days of receiving a notice of proposed sale form.

A park owner queried in an appeal to the Upper Tribunal whether the notice of an application could be sent to the seller prior to the application being sent to the tribunal.

The Upper Tribunal ruled no, notice could only be given to the seller once the application had been received by the tribunal. It is important that park owners get this procedure right as failing to do so will result in their application being struck out.

If you have any questions relating to refusal orders or if you are interested in subscribing to our park law service contact the parks team by telephone on 01392 207020 or email parks@tozers.co.uk

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About the author

Paul Kelly

Partner

Paul is the managing partner of the firm