Landlord Advice UK Tenant Eviction Service For Landlords

Park & Mobile Homes

Park & mobile homes are subject to unique laws that landlords must navigate carefully when it comes to eviction. The Caravan Sites and Control of Development Act 1960 and the Mobile Homes Act 1983 provide the legal framework for defining mobile homes and managing occupancy agreements.

What is a Mobile Home?

Whether a structure qualifies as a mobile home or a dwelling-house depends on its mobility and use. This classification affects the legal protections of its occupants.

Tenancy or License?

• If a mobile home is immobile (e.g., resting on supports or blocked in), it may be classified as a dwelling-house, and the occupant may hold a tenancy agreement.
• For example:
  • In Makins v Elson [1], a mobile home receiving utility services and resting on supports without wheels was deemed a dwelling-house.
  • Similarly, in R v Rent Officer of Nottingham ex p Allen [2], a caravan rendered immobile by wheel removal was classified as a dwelling-house.

Holiday Lettings

Mobile homes rented for short-term holiday use are typically let under excluded license agreements. In such cases, landlords do not need a court order to evict an excluded licensee who refuses to leave.

Legal Definitions and Case Law

The legal classification of mobile homes often hinges on the specific facts and context of each case. Courts consider factors such as mobility, design, and attachment to the land.

1. Ordinary Meaning of a Caravan

   • The definition starts with its ordinary meaning: a covered carriage or dwelling on wheels capable of being towed. Context can refine this interpretation (Windsor and Maidenhead RLBC v Smith [3]).

2. Chalets and Extensions

   • Chalets with roofs and porches can fall within the statutory definition of a caravan, although dimensions like width and length are typically measured wall-to-wall, excluding eaves (Brightlingsea Haven Ltd v Morris [4]).

3. Attachment to Land

   • Structures permanently attached to the land and not easily movable are more likely to be classified as dwelling-houses (Elitestone v Morris [5]).

4. Prefabricated Structures

   • Prefabricated homes on concrete bases that cannot be moved as one piece are not caravans (Carter v Secretary of State for the Environment [6]).
   • However, a home that can be disassembled and transported qualifies as a caravan under statutory definitions (Odina v Mackland Ltd [7]).
   • Even a mobile home bolted to concrete can meet the definition if the bolts can be removed (Hand v Secretary of State for Communities and Local Government [8]).

Evicting Occupants of Park and Mobile Homes

The eviction process varies depending on the type of agreement in place:

License Agreements

• Mobile homes let under a license agreement are subject to the Protection from Eviction Act 1977 [9].
• To evict a licensee:
  1. Serve a notice to quit, providing at least 4 weeks’ notice.
  2. If the licensee does not vacate, a possession order must be obtained from the court.

Assured Shorthold Tenancies (ASTs)

• If a mobile home is let under an AST:
  1. Serve a Section 8 notice for breaches of tenancy or a Section 21 notice for no-fault evictions.
  2. If the tenant does not leave, apply for a possession order.

Holiday Lettings

• Occupants under excluded license agreements (e.g., short-term holiday lets) can be evicted without a court order if they refuse to vacate after the agreed term.

Additional Considerations for Landlords

1. Dimension Testing

   • Local authorities may misinterpret the dimension test when determining the status of mobile homes. Measurements are typically taken wall-to-wall and exclude overhanging features like roofs.

2. Permanent Structures

   • A mobile home permanently fixed to land may lose its classification as a caravan, requiring landlords to comply with additional regulations for dwelling-houses.

3. Adherence to Legal Procedures

   • Misclassifying a structure or failing to follow proper eviction procedures can expose landlords to legal risks, including unlawful eviction claims.

Key Takeaways for Landlords

• The classification of a park or mobile home impacts eviction rights and procedures.
• Understanding whether a property is let under a license or tenancy agreement is crucial.
• Always follow the legal requirements for notice periods and possession orders.
• Seek professional advice from our experts if you are unclear about the legal status of a mobile home or the appropriate eviction process.

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[1] Makins v Elson [1977] 1 WLR 221.
[2] R v Rent Officer of Nottingham ex p Allen (1985) 17 HLR 481.
[3] Windsor and Maidenhead RLBC v Smith [2012] EWCA Civ 997.
[4] Brightlingsea Haven Ltd v Morris [2008] EWHC 1928 (QB).
[5] Elitestone v Morris [1997] 1 WLR 687; (1997) 30 HLR 266, HL.
[6] Carter v Secretary of State for the Environment [1994] 1 WLR 1212.
[7] Odina v Mackland Ltd [2009] Central London CC claim no. 7HW01516.
[8] Hand v Secretary of State for Communities and Local Government [2014] EWHC 314 (Admin).
[9] Section 1 of the Protection from Eviction Act 1977.