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Posted 15 October 2015
by Paul Kelly

Remember to use the County Court for termination of a Mobile Homes Act Agreement

Recently the First-Tier Tribunal (Property Chamber) (“the Tribunal”) received an application from a residential park owner requesting a determination as to whether the park owner was entitled to terminate a homeowners’ Mobile Homes Act Agreement (“the Agreement”).

The Tribunal refused to consider whether the Agreement should be terminated and instead dismissed the application on the ground that they had no jurisdiction.

The Mobile Homes Act 1983 (as amended) (“the Act”) only permits the Tribunal to decide applications for permission to terminate a Mobile Homes Act Agreement in very limited circumstances. In almost all cases the Act provides that an application for permission to terminate a Mobile Homes Act Agreement should be made in the County Court.

It is important that all residential park owners ensure they make an application for permission to terminate a Mobile Homes Act Agreement to the correct judicial body. To do otherwise could result in your application being dismissed.

If you are considering applying for permission to terminate an agreement and are unsure as to which judicial body has jurisdiction or if you are interested in subscribing to our Parklaw subscription 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