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Posted 30 August 2013
by Paul Kelly

Significant changes to the Mobile Homes Act 1983 come into force

On Sunday 1 September, the changes set out in ‘The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013’ come into force.  This Order amends the current terms implied into all residential agreements in Scotland.

The changes are significant.  Crucially, the park owner must provide all their existing homeowners with a copy of the new implied terms.  Scottish members of the BH&HPA were sent a copy of the implied terms and advice about this in a mailing in August.

It is also necessary to provide each home owner with details of an address for the park owner – which must be in Scotland.  This address will be the address used to serve notices relating to agreement and any legal proceedings. One effect of this is that any tribunal or court proceedings will be heard in Scotland even if the park owner is resident elsewhere.  Park owners should make sure they provide this information promptly to ensure that there are no future issues with their fee income.

In addition to the changes to the implied terms, park owners must also use the new Written Statement for all new sales by the park owner (new or second-hand homes) after the 1 September 2013.

If you have any questions about the Order please contact the parks team on parks@tozers.co.uk or telephone 01392 207020.

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About the author

Paul Kelly

Partner

Paul is the managing partner of the firm