Mobile Homes Act 2013 change in legislation - 'Relevant Protected Sites'

The Mobile Homes Act (the 'Act') received Royal Assent on the 26th March 2013. Part of the act came into force on the 26 May 2013 and provided a clearer legal framework in respect of governing the relationship between landlords and tenants of residential mobile homes park sites. The act also contains provisions that effect the licensing regime for residential mobile homes in terms of its administration and enforcement. Some of the key changes are as follows:

  • The majority of residential sites will fall under the definition of a 'Relevant Protected Site' and will be referred to as such
  • The Residential Property Tribunal to be responsible for determining appeals rather than the Magistrates' Court, in certain situations
  • Provides local authorities with additional powers to secure compliance with the site licence; and
  • Enables local authorities to charge fees to cover the administration of applications and also levy annual fees.

To qualify as a 'Relevant Protected Site' the site must have planning permission or a site licence or both that permit the site to be used for residential use all year round. If the site benefits from a permission that allows a mixture of holiday and residential use then the site will still qualify as a 'Relevant Protected Site', unless the residential units on a mixed site are solely occupied by the owner and/or person(s) employed by the occupier but who do not occupy the caravan under an agreement to which the Mobile Homes Act 1983 applies.