01 Dec Tribunal grants protection from eviction, clarifies law on mobile homes
Our client and her disabled son’s caravan on a float has been granted security under the Mobile Homes Act 1983 by the Residential Property Tribunal.
Our client and her son live on a caravan on a float in a marina. They were served with notice to leave by their landlords. Our client therefore applied to the Residential Property Tribunal for a determination as to whether her agreement came within the Mobile Homes Act 1983.
Our client had planning permission from 2014 to live in the property all year round. However, the landlords argued that it was only for holiday use as an original planning permission from 1998 was for holiday use.
Following a hearing, on 25 November 2021 the First-Tier Tribunal of the Property Chamber held that:
- a. The Applicant’s Property is a caravan on a float.
- The 1998 Planning Permission and 2014 Certificate allow for the stationing of a houseboat, which in the circumstances of this case is a caravan on a float, on that part of the Site on which the Property is situated.
- As the Property is a caravan which may be occupied as a sole residence, then the area edged red on the plan annexed to 2014 Certificate is a “caravan site” to which the Mobile Homes Act 1983 applies and therefore is a “protected site”.
- The parties must enter into a Written Agreement that is compliant with the Mobile Homes Act 1983.
Our client and her disabled son were therefore protected from being evicted. This is an important decision which has extended the law in relation to what is a caravan under the Mobile Homes Act 1983.
The full judgement is available here.
Stephen Cottle of Garden Court Chambers was instructed by Keith Coughtrie.