An Agreement is an agreement
Chris Johnson and David Watkinson look at what effects the Mobile Homes Act may have on local authority sites.
After a long campaign and a great deal of pressure, the Mobile Homes Act (MHA) 1983 was introduced onto local authority Gypsy/Traveller sites in England on 30th April 2011.
With regard to existing residents, local authorities then had 28 days to provide a written statement which complied with the terms of the relevant statutory instrument. This written statement needed to be in the form specified in the statutory instrument or in “a form substantially to the same effect.”
This statement needs to have:
Explanatory notes; The terms implied by the MHA 1983 (e.g. as to security of tenure, succession, re-siting of mobile home, repairing obligations etc);
The express terms of the agreement.
The easiest way for a local authority to comply with this would be to simply follow the form contained in the statutory instrument and then transfer all the express terms from the existing agreement (other than any terms that are in conflict with the new implied terms) into the new written statement.
However the authors of this article have come across cases where local authorities have altered express terms or added in wholly new express terms without reaching any agreement with residents or without any consultation. In one case a whole new clause about “authorised absence” had been added in ( much to the detriment of the residents).
It is vital to remember that any changes to existing express terms or any new express terms must be agreed between the local authority and the residents. It is not acceptable for a local authority to simply hand out new statements with amended or new express terms within them and then take it that those are agreed unless anyone objects. Imposing new terms or amended terms without agreement is unlawful.
We know that many local authorities still haven’t “got around” to bringing in the new written statements (this, in itself, is unlawful and could entitle a resident to apply to the Residential Property Tribunal for an order that a statement must be provided).
Make sure you check any new written statements very carefully by comparing them with existing agreements. There will be lots of implied terms listed. It is the express terms you need to check. If in doubt, seek advice.
Chris Johnson ( Community Law Partnership - CLP) and David Watkinson (Garden Court Chambers) February 2012
The Travellers Advice Team at CLP has set up a new advice line for Gypsies and Travellers on ‘accommodation’ issues: 0121 685 8677 Monday to Friday 9.00am to 5.00pm
Garden Court have a specialist team of barristers dealing with Gypsy and Traveller Law
Most unfortunately, the Welsh Government are yet to introduce the terms of MHA 1983 onto local authority sites in Wales.
The Housing and Regeneration Act 2008 (Commencement No 8 and Transitional, Transitory and Saving Provisions) Order 2011.