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Mobile Home Possession Claims

Mobile Home Possession Claims

 
Unfortunately, there will always be some disputes between a park owner and residents which cannot be settled through compromise, and if that happens, you need expert advice.

For instance where there are substantial pitch fee arrears or where a resident is persistently behaving in an unacceptable way.

In such cases the only remedy may be to make an application to the Court or Residential Property Tribunal to seek to terminate the resident’s occupation agreement and for possession of the pitch.

The law rightly grants residents a good deal of protection to ensure that an eviction will only be granted in appropriate cases. The first step is for a clear breach notice to be prepared and served on the occupier, explaining the nature of the breach of the agreement and giving the occupier a final period of time to put it right. It is vital that a clear notice is served, as without this any application to terminate the agreement will fail.

Notice of breach

If the breach notice does not resolve the problem, then the next step for the park owner is to apply to the Court or Tribunal to seek an Order to terminate the occupation agreement and for possession of the pitch. Again, the application must clearly set out why possession is being sought and why the agreement should be terminated. It is important to note that even if the breach is proved that does not automatically mean that a possession order will be made – the Court must also be satisfied that it is reasonable in all the circumstances to terminate the agreement and order possession.

It is often difficult to know what approach the Court will take in such cases. However, our specialist solicitors have a wealth of experience in bringing such cases and can guide you through the process at all stages, from advice on the merits of the case, to drafting the breach notice and, if necessary, representing you in the Residential Property Tribunal or the Court.

Contact our experts today

To speak to one of our park and residential homes solicitors please call us today on 03456 381381 or email parks@ibblaw.co.uk.