Caravan Sites (Security of Tenure) (1-7)

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Caravan Sites (Security of Tenure) (1-7)

Caravan Sites (Security of Tenure)
1

A
Bill
To
Make provision for security of tenure for gypsies and travellers on local
authority caravan sites; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Secure tenancy
1
Secure tenancy
(1)
In this Act,
“secure tenancy” means, subject to sections 4 and 10 below, a tenancy
granted to a gypsy or traveller whereby he is permitted to station a
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caravan on a caravan site which the local authority has provided to
accommodate gypsies and travellers (“a local authority caravan site”);
“tenancy” shall include a licence to occupy not amounting to a tenancy as
if the right were a tenancy and “tenant” shall include such a licensee.
(2)
A local authority may not seek possession of land occupied under a secure
10
tenancy unless—
(a)
it has served the tenant with a notice in writing complying with the
requirements specified in subsection (3); and
(b)
it has applied for a court order under section 2 and the court has made
the order in accordance with the provisions of this Act.
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(3)
The notice referred to in subsection (1) shall—
(a)
state that the court will be asked to make an order for the possession of
the land and be signed by a duly authorised officer;
(b)
set out one or more of the grounds in the Schedule to this Act together
with particulars of those grounds relied upon by the local authority in
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seeking a possession order;
(c)
specify a date after which proceedings for the possession of the land
may be begun which (except where ground 2 in the Schedule to this Act
is relied upon) must not be earlier than four weeks from the date of
service expiring on a Monday or on the day the tenant’s rent or licence
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Bill 206 54/1

Caravan Sites (Security of Tenure)
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fee is normally due; where ground 2 is relied upon, the date specified
shall not be earlier than the date of the service of the notice;
(d)
cease to be in force twelve months after the date specified under
paragraph (c); and
(e)
inform the tenant that if he needs help or advice about the notice, and
5
what to do about it, he should take it immediately to a Citizens’ Advice
Bureau, a housing aid centre, a law centre or a solicitor.
(4)
The court shall not entertain any proceedings for possession under subsection
(2) if the requirements of subsection (3) are not complied with in full, unless it
considers it just and equitable to dispense with any of those requirements.
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(5)
Section 2 of the Caravan Sites Act 1968 (c. 52) (Minimum length of notice) is
hereby repealed.
2
Termination of secure tenancy: court order
(1)
A court shall not make an order to terminate a secure tenancy except on one or
more of the grounds set out in the Schedule to this Act, which accordingly has
15
effect.
(2)
The court shall not make an order to terminate a secure tenancy—
(a)
on the grounds set out in Part 1 of that Schedule (grounds 1 to 8), unless
it considers it reasonable to make the order,
(b)
on the grounds set out in Part 2 of that Schedule (ground 9), unless it is
20
satisfied that suitable facilities will be available for the tenant when the
order takes effect,
(c)
on the grounds set out in Part 3 of that Schedule (grounds 10 to 13),
unless it both considers it reasonable to make the order and is satisfied
that suitable facilities will be available for the tenant when the order
25
takes effect;

and Part 4 of that Schedule has effect for determining whether suitable facilities
will be available for the tenant.
3
Proceedings for possession: anti-social behaviour
(1)
This section applies where the court is considering whether it is reasonable to
30
make an order for possession on ground 2 set out in the Schedule to the Act
(conduct of tenant or other person).
(2)
The court must consider, in particular—
(a)
the effect that the nuisance or annoyance has had on persons other than
the person against whom the order is sought;
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(b)
any continuing effect the nuisance or annoyance is likely to have on
such persons; and
(c)
the effect that the nuisance or annoyance would be likely to have on
such persons if the conduct is repeated.
Introductory tenancy
40
4
Introductory tenancy
(1)
A local authority may elect to operate an introductory tenancy regime under
this Act.

Caravan Sites (Security of Tenure)
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(2)
When such an election is in force, every periodic tenancy entered into or
adopted by the authority which would otherwise fall within the meaning of
section 1 of this Act shall be an introductory tenancy, unless immediately
before the tenancy was entered into or adopted the tenant or, in the case of joint
tenants, one or more of them, was the holder of a secure tenancy on the same
5
or another local authority caravan site.
(3)
Subsection (2) does not apply to a tenancy entered into or adopted in
pursuance of a contract made before the election was made.
(4)
For the purposes of this section, a periodic tenancy is adopted by a person if
that person becomes the landlord under the tenancy, whether on a disposal or
10
surrender of the interest of the former local authority.
(5)
An election under this section may be revoked at any time, without prejudice
to the making of a further election.
5
Duration of introductory tenancy
(1)
A periodic tenancy remains an introductory tenancy until the end of the trial
15
period, unless one of the events mentioned in subsection (5) occurs before the
end of that period.
(2)
The “trial period” is the period of one year beginning with—
(a)
in the case of a periodic tenancy which was entered into by a local
authority—
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(i)
the date on which the tenancy was entered into, or
(ii)
if later, the date on which a tenant was first entitled to
possession under the tenancy; or
(b)
in the case of a tenancy which was adopted by a local authority, the date
of adoption;
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but this is subject to subsections (3) and (4) and to section 6.
(3)
Where the tenant under an introductory tenancy was formerly a tenant under
another introductory tenancy any period or periods during which he was such
a tenant shall count towards the trial period, provided—
(a)
if there was one such period, it ended immediately before the date
30
specified in subsection (2) , and
(b)
if there was more than one such period, the most recent period ended
immediately before that date and each period succeeded the other
without interruption.
(4)
Where there are joint tenants under an introductory tenancy, the reference in
35
subsection (3) to the tenant shall be construed as referring to the joint tenant in
whose case the application of that subsection produces the earliest starting
date for the trial period.
(5)
A tenancy ceases to be an introductory tenancy if, before the end of the trial
period—
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(a)
the circumstances are such that the tenancy would not otherwise be a
secure tenancy,
(b)
a person or body other than a local authority becomes the landlord
under the tenancy,
(c)
the election in force when the tenancy was entered into or adopted is
45
revoked, or

Caravan Sites (Security of Tenure)
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(d)
the tenancy ceases to be an introductory tenancy by virtue of section 15.
(6)
A tenancy does not come to an end merely because it ceases to be an
introductory tenancy, but a tenancy which has once ceased to be an
introductory tenancy cannot subsequently become an introductory tenancy.
6
Extension of trial period by six months
5
(1)
If both of the following conditions are met in relation to an introductory
tenancy, the trial period is extended by 6 months.
(2)
The first condition is that the local authority has served a notice of extension on
the tenant at least 8 weeks before the original expiry date.
(3)
The second condition is that either—
10
(a)
the tenant has not requested a review under section 7 in accordance
with subsection (1) of that section, or
(b)
if he has, the decision on the review was to confirm the local authority’s
decision to extend the trial period.
(4)
A notice of extension is a notice—
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(a)
stating that the local authority has decided that the period for which the
tenancy is to be an introductory tenancy should be extended by 6
months, and
(b)
complying with subsection (5).
(5)
A notice of extension must—
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(a)
set out the reasons for the local authority’s decision, and
(b)
inform the tenant of his right to request a review of the local authority’s
decision and of the time within which such a request must be made.
(6)
In this section and section 7 “the original expiry” date means the last day of the
period of one year that would apply as the trial period, apart from this section.
25
7
Review of decision to extend trial period
(1)
A request for review of the local authority’s decision that the trial period for an
introductory tenancy should be extended under section 6 must be made before
the end of the period of 14 days beginning with the day on which the notice of
extension is served.
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(2)
On a request being duly made to it, the local authority shall review its decision.
(3)
The Secretary of State may make provision by regulations as to the procedure
to be followed in connection with a review under this section. Nothing in the
following provisions affects the generality of this power.
(4)
Provision may be made by regulations—
35
(a)
requiring the decision on review to be made by a person of appropriate
seniority who was not involved in the original decision, and
(b)
as to the circumstances in which the person concerned is entitled to an
oral hearing, and whether and by whom he may be represented at such
a hearing.
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(5)
The local authority shall notify the tenant of the decision on the review.

Caravan Sites (Security of Tenure)
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(6)
If the decision on the review is to confirm the original decision, the local
authority shall also notify the tenant of the reasons for the decision.
(7)
The review shall be carried out and the tenant notified before the original
expiry date.
8
Termination of introductory tenancy
5
(1)
The local authority may only bring an introductory tenancy to an end by
obtaining an order of the court for the possession of the land.
(2)
The court shall not entertain proceedings for the possession of the land let
under an introductory tenancy unless the local authority has served on the
tenant a notice of proceedings complying with this section.
10
(3)
The notice referred to in subsection (2) shall:
(a)
state that the court will be asked to make an order for the possession of
the land and be signed by a duly authorised officer;
(b)
set out the reasons for the local authority’s decision to apply for such
an order;
15
(c)
specify a date after which proceedings for the possession of the land
may be begun which must not be earlier than the date on which a notice
under section 1(3) of this Act if served would expire;
(d)
inform the tenant of his right to request a review of the local authority’s
decision to seek an order for possession and of the time within which
20
such a request must be made; and
(e)
also inform the tenant that if he needs help or advice about the notice,
and what to do about it, he should take it immediately to a Citizens’
Advice Bureau, a housing aid centre, a law centre or a solicitor.
(4)
The court shall not entertain any proceedings for possession of the land unless
25
they are begun after the date specified in the notice of proceedings.
(5)
The court shall make a possession order unless the local authority has not
complied with this section.
(6)
Where the court makes a possession order, the tenancy comes to an end on the
date on which the tenant is to give up possession in pursuance of the order.
30
9
Review of decision to seek termination of introductory tenancy
(1)
A request for review of the local authority’s decision to seek an order for
possession of the land let under an introductory tenancy must be made before
the end of the period of 14 days beginning with the day on which the notice of
proceedings is served.
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(2)
On a request being duly made to it, the local authority shall review its decision.
(3)
The Secretary of State may make provision by regulations as to the procedure
to be followed in connection with a review under this section and nothing in
the following provisions affects the generality of this power.
(4)
Provision may be made by regulations—
40
(a)
requiring the decision on review to be made by a person of appropriate
seniority who was not involved in the original decision, and

Caravan Sites (Security of Tenure)
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(b)
as to the circumstances in which the person concerned is entitled to an
oral hearing, and whether and by whom he may be represented at such
a hearing.
(5)
The local authority shall notify the person concerned of the decision on the
review.
5
(6)
If the decision on the review is to confirm the original decision, the local
authority shall also notify the tenant of the reasons for the decision.
(7)
The review shall be carried out and the tenant notified before the date specified
in the notice of proceedings as the date after which proceedings for the
possession of the land may be begun.
10
Demoted tenancy
10
Demotion
(1)
The local authority may apply to a county court for a demotion order
providing it has served upon the tenant a notice in writing signed by a duly
authorised officer and stating—
15
(a)
that the court will be asked to make a demotion order in respect of the
secure tenancy;
(b)
one or more of Grounds 1 and 2 in the Schedule to this Act together
with particulars of those grounds relied upon by the local authority in
seeking a demotion order;
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(c)
a date after which proceedings for the demotion of the tenancy may be
begun which must not be earlier than 4 weeks from the date of service
expiring on a Monday or on the day the tenant’s rent or licence fee is
normally due;
(d)
that the notice ceases to be in force twelve months after the date so
25
specified; and
(e)
that if the tenant needs help or advice about the notice, and what to do
about it, he should take it immediately to a Citizens’ Advice Bureau, a
housing aid centre, a law centre or a solicitor.
(2)
The court shall not entertain any proceedings for demotion under subsection
30
(1) if the requirements of that subsection are not complied with in full, unless
it considers it just and equitable to dispense with any of those requirements.
(3)
A demotion order has the following effect—
(a)
the secure tenancy is terminated with effect from the date specified in
the order;
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(b)
if the tenant remains in occupation of the land after that date a demoted
tenancy is created with effect from that date;
(c)
it is a term of the demoted tenancy that any arrears of rent or licence fee
payable at the termination of the secure tenancy become payable under
the demoted tenancy;
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(d)
it is also a term of the demoted tenancy that any rent or licence fee paid
in advance or overpaid at the termination of the secure tenancy is
credited to the tenant’s liability to pay rent or licence fees under the
demoted tenancy.
(4)
The court must not make a demotion order unless it is satisfied that the tenant,
45
or a person residing in or visiting the caravan or the land on which the caravan

Caravan Sites (Security of Tenure)
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is stationed, has engaged or has threatened to engage in conduct to which
sections 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of
premises for unlawful purposes) apply, and that it is reasonable to make the
order.
(5)
Each of the following has effect in respect of a demoted tenancy at the time it
5
is created by virtue of an order under this section as it has effect in relation to
the secure tenancy at the time it is terminated by virtue of the order—
(a)
the parties to the tenancy;
(b)
the period of the tenancy;
(c)
the amount of the rent or licence fee;
10
(d)
the dates on which the rent or licence fee are payable.
(6)
Subsection (5)(b) does not apply if the secure tenancy was for a fixed term and
in such a case the demoted tenancy is a weekly periodic tenancy.
(7)
If the local authority of the demoted tenancy serves on the tenant a statement
of any other express terms of the secure tenancy which are to apply to the
15
demoted tenancy such terms are also terms of the demoted tenancy.
11
Duration of demoted tenancy
(1)
A demoted tenancy becomes a secure tenancy at the end of the period of one
year (the demotion period) starting with the day the demotion order takes
effect; but this is subject to subsections (2) to (5) below.
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(2)
A tenancy ceases to be a demoted tenancy if any of the following paragraphs
applies—
(a)
a local authority ceases to be the owner;
(b)
the demotion order is quashed;
(c)
the tenant dies and no one is entitled to succeed to the tenancy.
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(3)
If at any time before the end of the demotion period the local authority serves
a notice of proceedings for possession of the land subsection (4) applies.
(4)
The tenancy continues as a demoted tenancy until the end of the demotion
period or (if later) until any of the following occurs—
(a)
the notice of proceedings is withdrawn by the local authority;
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(b)
the proceedings are determined in favour of the tenant;
(c)
the period of 6 months beginning with the date on which the notice is
served ends and no proceedings for possession have been brought.
(5)
A tenancy does not come to an end merely because it ceases to be a demoted
tenancy.
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12
Proceedings to end a demoted tenancy
(1)
The local authority may only bring a demoted tenancy to an end by obtaining
an order of the court for possession of the land.
(2)
The court must make an order for possession unless it thinks that the
procedure under subsections (4) to (6) has not been followed.
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(3)
If the court makes such an order the tenancy comes to an end on the date on
which the tenant is to give up possession in pursuance of the order.