Housing Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Housing Bill

Housing Bill
Part 6 — Other provisions about housing
Chapter 3 — Mobile Homes
135

(b)
after sub-paragraph (2) insert—
“(3)
Sub-paragraphs (4) and (5) below apply if, on an application
under sub-paragraph (1) above—
(a)
the court considers that, having regard to the present
condition of the mobile home, paragraph (a) or (b) of
5
that sub-paragraph applies to it, but
(b)
it also considers that it would be reasonably
practicable for particular repairs to be carried out on
the mobile home that would result in neither of those
paragraphs applying to it, and
10
(c)
the occupier indicates that he intends to carry out
those repairs.
      (4)
In such a case the court may make an order adjourning
proceedings on the application for such period specified in
the order as the court considers reasonable to allow the
15
repairs to be carried out.

The repairs must be set out in the order.
      (5)
If the court makes such an order, the application shall not be
further proceeded with unless the court is satisfied that the
specified period has expired without the repairs having been
20
carried out.”
(3)
In paragraph 8 (sale of mobile home to person approved by owner)—
(a)
after sub-paragraph (1) insert—
“(1A)
If—
(a)
the occupier requests the owner to approve a person
25
for the purposes of sub-paragraph (1) above, and
(b)
the owner fails to notify the occupier within the
response period that he either is or is not approving
that person for those purposes,

the occupier may apply to the court for an order declaring
30
that the person is approved for those purposes; and the court
may make such an order if it thinks fit.
     (1B)
For the purposes of sub-paragraph (1A) above —
(a)
“request” or “notify” means request or notify in
writing; and
35
(b)
“the response period” means the period of 28 days
beginning with the date when the owner receives the
occupier’s request;

and any request or notification may be sent by post.”;
(b)
in sub-paragraph (2) for “the Secretary of State” substitute “the
40
appropriate national authority”; and
(c)
in sub-paragraph (3)(a) after “which” insert “(if made by the Secretary
of State)”.
(4)
After the existing provisions of paragraph 9 (gift of mobile home to person
approved by owner), which become sub-paragraph (1), insert—
45
“(2)
Sub-paragraphs (1A) and (1B) of paragraph 8 above shall apply
where the occupier requests the owner to approve a person for the
purposes of sub-paragraph (1) above as they apply where the

Housing Bill
Part 6 — Other provisions about housing
Chapter 3 — Mobile Homes
136

occupier requests the owner to approve a person for the purposes of
sub-paragraph (1) of that paragraph.”
(5)
The amendments made by this section apply in relation to an agreement to
which the Mobile Homes Act 1983 (c. 34) applies that was made before the day
on which this section comes into force (“the appointed day”), as well as in
5
relation to one made on or after that day.
Any reference in this subsection to the making of an agreement to which that
Act applies includes a reference to any variation of an agreement by virtue of
which the agreement becomes one to which that Act applies.
(6)
However—
10
(a)
the amendments made by subsection (2) do not apply in relation to any
application made before the appointed day for the purposes of
paragraph 6 of Part 1 of Schedule 1 to that Act; and
(b)
the amendments made by subsection (3) or (4) do not apply in relation
to any request for approval made before the appointed day for the
15
purposes of paragraph 8 or (as the case may be) paragraph 9 of that
Schedule.
180
Power to amend terms implied in site agreements
(1)
After section 2 of the Mobile Homes Act 1983 (c. 34) insert—
“2A
Power to amend implied terms
20
(1)
The appropriate national authority may by order make such
amendments of Part 1 or 2 of Schedule 1 to this Act as the authority
considers appropriate.
(2)
An order under this section—
(a)
shall be made by statutory instrument;
25
(b)
may make different provision with respect to different cases or
descriptions of case, including different provision for different
areas;
(c)
may contain such incidental, supplementary, consequential,
transitional or saving provisions as the authority making the
30
order considers appropriate.
(3)
Without prejudice to the generality of subsections (1) and (2), an order
under this section may—
(a)
make provision for or in connection with the determination by
the court of such questions, or the making by the court of such
35
orders, as are specified in the order;
(b)
make such amendments of any provision of this Act as the
authority making the order considers appropriate in
consequence of any amendment made by the order in Part 1 or
2 of Schedule 1.
40
(4)
The first order made under this section in relation to England or Wales
respectively may provide for all or any of its provisions to apply in
relation to agreements to which this Act applies that were made at any
time before the day on which the order comes into force (as well as in
relation to such agreements made on or after that day).
45

Housing Bill
Part 6 — Other provisions about housing
Chapter 3 — Mobile Homes
137

(5)
No order may be made by the appropriate national authority under this
section unless the authority has consulted—
(a)
such organisations as appear to it to be representative of
interests substantially affected by the order; and
(b)
such other persons as it considers appropriate.
5
(6)
No order may be made by the Secretary of State under this section
unless a draft of the order has been laid before, and approved by a
resolution of, each House of Parliament.”
(2)
For the purposes of subsection (5) of the section 2A inserted by this section,
consultation undertaken before the date of the passing of this Act constitutes
10
as effective compliance with that subsection as if undertaken on or after that
date.
181
Succession to site agreements by same sex partners
In section 3(3)(a)(ii) of the Mobile Homes Act 1983 (c. 34) (successors in title)
after “member of the deceased’s family” insert “or a person who is of the same
15
sex as the deceased and was living together with the deceased in a relationship
equivalent to that of husband and wife”.
Protection from eviction etc.
182
Extension of protection from harassment for occupiers of mobile homes
(1)
Section 3 of the Caravan Sites Act 1968 (c. 52) (protection of occupiers against
20
eviction and harassment) is amended as follows.
(2)
In subsection (1) (offence where person, with the specified intent, does acts
calculated to interfere with the peace or comfort of the occupier etc.) for
“calculated to interfere” substitute “likely to interfere”.
(3)
After subsection (1) insert—
25
“(1A)
Subject to the provisions of this section, the owner of a protected site or
his agent shall be guilty of an offence under this section if, whether
during the subsistence or after the expiration or determination of a
residential contract—
(a)
he does acts likely to interfere with the peace or comfort of the
30
occupier or persons residing with him, or
(b)
he persistently withdraws or withholds services or facilities
reasonably required for the occupation of the caravan as a
residence on the site,

and (in either case) he knows, or has reasonable cause to believe, that
35
that conduct is likely to cause the occupier to do any of the things
mentioned in subsection (1)(c)(i) or (ii) of this section.
(1B)
References in subsection (1A) of this section to the owner of a protected
site include references to a person with an estate or interest in the site
which is superior to that of the owner.”
40
(4)
In subsection (3) (penalties for offences), for the words from “be liable”
onwards substitute “be liable—
(a)
on summary conviction, to a fine not exceeding the statutory maximum
or to imprisonment for a term not exceeding 12 months, or to both;

Housing Bill
Part 6 — Other provisions about housing
Chapter 4 — Miscellaneous
138

(b)
on conviction on indictment, to a fine or to imprisonment for a term not
exceeding 2 years, or to both.”
(5)
After subsection (4) insert—
“(4A)
In proceedings for an offence under subsection (1A) of this section it
shall be a defence to prove that the accused had reasonable grounds for
5
doing the acts or withdrawing or withholding the services or facilities
in question.”
(6)
The amendments made by this section do not apply in relation to any conduct
occurring before the day on which this section comes into force.
(7)
In the case of an offence committed before section 154(1) of the Criminal Justice
10
Act 2003 (c. 44) comes into force, the amendment made by subsection (4) has
effect as if for “12 months” there were substituted “6 months”.
Chapter 4
Miscellaneous
Succession between same sex partners
15
183
Succession to certain tenancies by same sex partners
(1)
For paragraph 2(2) of Schedule 1 to the Rent Act 1977 (c. 42) substitute—
     “(2)
For the purposes of this paragraph, a person shall be treated as the
spouse of the original tenant if the person was living with the
original tenant—
20
(a)
as his or her wife or husband, or
(b)
if of the same sex, in an equivalent relationship.”
(2)
After the existing provisions of section 87 of the Housing Act 1985 (c. 68),
which become subsection (1), insert—
“(2)
In this section and section 89(2) “member of the tenant’s family”
25
includes (in addition to the persons mentioned in section 113(1)) a
person who is of the same sex as the tenant and lives together with the
tenant in a relationship equivalent to that of husband and wife.”
(3)
For section 17(4) of the Housing Act 1988 (c. 50) substitute—
“(4)
For the purposes of this section, a person shall be treated as the tenant’s
30
spouse if the person was living with the tenant—
(a)
as his or her wife or husband, or
(b)
if of the same sex, in an equivalent relationship.”
(4)
After the existing provisions of section 131 of the Housing Act 1996 (c. 52),
which become subsection (1), insert—
35
“(2)
In this section and section 133(2) “member of the tenant’s family”
includes (in addition to the persons mentioned in section 140(1)) a
person who is of the same sex as the tenant and lives together with the
tenant in a relationship equivalent to that of husband and wife.”