|
| |
| |
(4) | Proceedings for possession of the land let under a demoted tenancy must not |
| |
be brought unless the local authority has served on the tenant a notice of |
| |
proceedings under this section. |
| |
| |
(a) | be signed by a duly authorised officer and state that the court will be |
| 5 |
asked to make an order for the possession of the land; |
| |
(b) | set out the reasons for the local authority’s decision to apply for the |
| |
| |
(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 |
| 10 |
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 and of the time within which the request must be made; and |
| |
(e) | also inform the tenant that if he needs help or advice about the notice, |
| |
or about what to do about the notice, he must take the notice |
| 15 |
immediately to a Citizens’ Advice Bureau, a housing aid centre, a law |
| |
| |
(6) | The court must not entertain proceedings unless subsection (5) is complied |
| |
with and proceedings are begun after the date specified under subsection |
| |
| 20 |
13 | Review of decision to seek termination of demoted tenancy |
| |
(1) | Before the end of the period of 14 days beginning with the date of service of a |
| |
notice for possession of the land let under a demoted tenancy the tenant may |
| |
request the local authority to review its decision to seek an order for |
| |
| 25 |
(2) | If a request is made in accordance with subsection (1) the local authority must |
| |
| |
(3) | The Secretary of State may by regulations make provision as to the procedure |
| |
to be followed in connection with a review under this section. |
| |
(4) | The regulations may include provision— |
| 30 |
(a) | requiring the decision on review to be made by a person of appropriate |
| |
seniority who was not involved in the original decision; |
| |
(b) | as to the circumstances in which the tenant is entitled to an oral hearing, |
| |
and whether and by whom he may be represented at the hearing. |
| |
(5) | The local authority must notify the tenant— |
| 35 |
(a) | of the decision on the review; |
| |
(b) | of the reasons for the decision. |
| |
(6) | The review must be carried out and notice given under subsection (5) before |
| |
the date specified in the notice of proceedings as the date after which |
| |
proceedings for possession of the land may be begun. |
| 40 |
| |
| |
|
| |
| |
Miscellaneous and final provisions |
| |
| |
It is a term of every secure, introductory or demoted tenancy that the tenant |
| |
may, with the written consent of the local authority, assign the tenancy— |
| |
(a) | to a person entitled to succession under section 15; or |
| 5 |
(b) | pursuant to a right to exchange under section 16. |
| |
| |
(1) | Upon the death of a tenant one succession to the secure, introductory or |
| |
demoted tenancy will be permitted. |
| |
(2) | The person entitled to succeed to the tenancy under subsection (1) will be— |
| 10 |
(a) | the spouse of the tenant, or |
| |
(b) | another member of the tenant’s family where the tenant has no spouse, |
| |
| provided that this person has been occupying a caravan to which the secure |
| |
tenancy applies as his principal home at the time of the tenant’s death. |
| |
(3) | A person succeeding to the tenancy under paragraph (2)(b) must have lived |
| 15 |
with the tenant throughout the 12-month period ending with the tenant’s |
| |
| |
(4) | A person is a member of the tenant’s family within the meaning of this section |
| |
| |
(a) | he is the spouse of that person, or he and that person live together as |
| 20 |
| |
(b) | he is that person’s parent, grandparent, child, grandchild, brother, |
| |
sister, uncle, aunt, nephew or niece. |
| |
(5) | For the purposes of this section— |
| |
(a) | a relationship by marriage should be treated as a relationship by blood; |
| 25 |
(b) | a relationship of the half-blood should be treated as a relationship of the |
| |
| |
(c) | the stepchild of a person shall be treated as a child; |
| |
(d) | an illegitimate child shall be treated as a legitimate child of his mother |
| |
| 30 |
| |
(1) | A tenant shall have the right to exchange his secure, introductory or demoted |
| |
tenancy with a tenant of corresponding status of another local authority |
| |
caravan site, subject to the written consent of the local authority or authorities |
| |
| 35 |
(2) | Those tenants wishing to exchange their tenancies must notify in writing the |
| |
local authority or authorities which granted the tenancy of their intention to |
| |
| |
(3) | Unless a local authority refuses consent under subsection (4) or consents |
| |
conditionally under subsection (5), written consent under subsection (1) must |
| 40 |
be provided within a period of 42 days, beginning on the day written |
| |
notification under subsection (2) is received. |
| |
| |
| |
|
| |
| |
(4) | A local authority may refuse consent to an exchange of tenancies on the |
| |
| |
(a) | notice of termination has been served, or an application for a court |
| |
order made, under section 1 of this Act against one or both of the |
| |
| 5 |
(b) | a court order has been made under section 2 of this Act against one or |
| |
both of the tenants concerned, |
| |
(c) | at least one of the tenancies was issued in consequence of employment, |
| |
| |
(d) | one of the tenancies was issued with provisions relating specifically to |
| 10 |
a physically disabled or elderly person or a person with other special |
| |
needs and those provisions would not apply to the other party to the |
| |
| |
(5) | A local authority may consent to an exchange of tenancies on condition that |
| |
any outstanding rent or licence fees are paid in full or any breach to the terms |
| 15 |
of the tenancy are remedied to the satisfaction of the local authority before the |
| |
| |
(6) | If a local authority fails to respond to written notification under subsection (2) |
| |
within the 42 day period stipulated in subsection (3) then it will be deemed that |
| |
the local authority has consented to the exchange. |
| 20 |
| |
| |
“caravan” has the meaning given in section 16 of the Caravan Sites Act |
| |
| |
“court” has the same meaning as in section 5 of the Caravan Sites Act 1968; |
| 25 |
“demoted tenancy” has the meaning given in section 10 of this Act; |
| |
“gypsies and travellers” has the meaning given in section 225 of the |
| |
Housing Act 2004 (c. 34); |
| |
“introductory tenancy” has the meaning given in section 4 of this Act; |
| |
“local authority” has the same meaning as in section 16 of the Caravan |
| 30 |
| |
“local authority caravan site” has the meaning given in section 1 of this |
| |
| |
“local authority caravan site providing accommodation to gypsies and |
| |
travellers” shall be construed in accordance with the provisions of |
| 35 |
paragraph 11A of Schedule 1 to the Caravan Sites and Control of |
| |
Development Act 1960 (c. 2); |
| |
“secure tenancy” has the meaning given in section 1 of this Act; |
| |
“tenancy” and “tenant” shall be construed in accordance with the |
| |
provisions of section 1 of this Act. |
| 40 |
18 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Caravan Sites (Security of Tenure) Act 2006. |
| |
(2) | This Act shall come into force at the expiration of the period of one month |
| |
beginning with the day on which it is passed. |
| |
(3) | This Act extends to England and Wales only. |
| 45 |
| |
| |
|
| |
| |
| |
| |
Grounds on which a court may terminate a secure tenancy |
| |
| |
Grounds on which a court may order termination of secure tenancy if it |
| |
| 5 |
1 | The grounds on which a court may order the termination of a secure |
| |
tenancy, if it considers it reasonable, are as follows. |
| |
| |
2 | Rent or licence fees lawfully due from the occupier have not been paid or an |
| |
obligation of the secure tenancy has been broken or not performed. |
| 10 |
| |
3 | The occupier, or a person residing with or visiting him, or a person visiting |
| |
someone who resides with him— |
| |
(a) | has been guilty of conduct causing or likely to cause a nuisance or |
| |
annoyance to a person residing, visiting or otherwise engaging in a |
| 15 |
lawful activity in the locality, or |
| |
(b) | has been convicted of— |
| |
(i) | using the caravan or any associated facilities, or allowing |
| |
them to be used, for immoral or illegal purposes, or |
| |
(ii) | an arrestable offence committed in, or in the locality, of the |
| 20 |
caravan or any associated facilities. |
| |
| |
4 | The caravan was occupied (whether alone or with others) by a married |
| |
couple or a couple living together as husband and wife and— |
| |
(a) | one or both of the partners is the occupier, |
| 25 |
(b) | one partner has left because of violence or threats of violence by the |
| |
| |
| |
(ii) | a member of the family of that partner who was residing with |
| |
that partner immediately before the partner left, and |
| 30 |
(c) | the court is satisified that the partner who has left is unlikely to |
| |
| |
| |
5 | The condition of the caravan, any associated facilities, or any of the common |
| |
parts of the caravn site has deteriorated owing to acts of waste by, or neglect |
| 35 |
or default of, the occupier or a person residing with him and, in the case of |
| |
| |
| |
|
| |
| |
an act of waste by, or the neglect or default of, a person lodging with the |
| |
occupier or a sub-tenant of his, the occupier has not taken such steps as he |
| |
ought reasonably to have taken for the removal of the lodger or sub-tenant. |
| |
| |
6 | The condition of furniture provided by the local authority for use under the |
| 5 |
secure tenancy, or for use in the common parts of the caravan site, has |
| |
deteriorated owing to ill-treatment by the occupier or a person residing with |
| |
him and, in the case of ill-treatment by a person lodging with the occupier |
| |
or a sub-tenant of his, the occupier has not taken such steps as he ought |
| |
reasonably to have taken for the removal of the lodger or sub-tenant. |
| 10 |
| |
7 | The occupier is the person, or one of the persons, to whom the secure |
| |
tenancy was granted and the local authority was induced to grant the secure |
| |
tenancy by a false statement made knowingly or recklessly by— |
| |
| 15 |
(b) | a person acting on the occupier’s instigation. |
| |
| |
8 (1) | The secure tenancy was assigned to the occupier, or to a predecessor in title |
| |
of his who is a member of his family and is residing on the caravan site and |
| |
a premium was paid in connection with that assignment. |
| 20 |
(2) | In this paragraph ‘premium’ means any fine or other like sum or any other |
| |
pecuniary consideration in addition to rent or a licence fee. |
| |
| |
9 | Work is being carried out on the caravan site to which the secure tenancy |
| |
applies (“the original secure tenancy”) necessitating the removal of the |
| 25 |
occupier (or a predecessor in title of his) to another part of the caravan site |
| |
or to a different caravan site, in relation to which another secure tenancy |
| |
(“the second secure tenancy”) has been granted, and— |
| |
(a) | the occupier (or predecessor) accepted the second secure tenancy on |
| |
the understanding that he would give up occupation when, on |
| 30 |
completion of the works, the original secure tenancy could again be |
| |
| |
(b) | the works have been completed and the original secure tenancy may |
| |
| |
| 35 |
Grounds on which a court may order termination of secure tenancy if suitable |
| |
alternative facilities are available |
| |
10 | The grounds on which a court may order the termination of a secure tenancy |
| |
if suitable alternative facilities are available are as follows. |
| |
| |
| |
|
| |
| |
| |
11 | The local authority intends within a reasonable time of the termination of the |
| |
| |
(a) | to close or redevelop the caravan site or the part of the site to which |
| |
the secure tenancy relates, or |
| 5 |
(b) | to carry out work on that site or on land let together with, and thus |
| |
treated as part of, the caravan site. |
| |
| and cannot reasonably do so without the secure tenancy being terminated. |
| |
| |
Grounds on which a court may order termination of secure tenancy if it |
| 10 |
considers it reasonable to do so and suitable alternative facilities are |
| |
| |
12 | The grounds on which a court may order the termination of a secure tenancy |
| |
if it considers it reasonable to do so and if suitable alternative facilities are |
| |
available are as follows. |
| 15 |
| |
13 | The occupier, or a predecessor in title of his, was granted the secure tenancy |
| |
in consequence of the occupier or predecessor being in the employment of |
| |
the local authority and that employment has ceased; and the local authority |
| |
reasonably requires the termination of the secure tenancy in order to grant a |
| 20 |
secure tenancy to some other person either engaged in the employment of |
| |
the local authority, or with whom a contract for such employment has been |
| |
entered into conditional on a secure tenancy being granted. |
| |
| |
14 | The secure tenancy includes provisions which are substantially different |
| 25 |
from those of ordinary secure tenancies and which are designed to make it |
| |
suitable for granting to a physically disabled person who requires facilities |
| |
of a kind relating to that secure tenancy, and— |
| |
(a) | the occupier does not require facilities intended for a physically |
| |
| 30 |
(b) | the local authority requires the facilities for use (whether alone or |
| |
with members of his family) by such a person. |
| |
| |
15 (1) | The secure tenancy includes provisions which are substantially different |
| |
from those of ordinary secure tenancies and which are designed to make it |
| 35 |
suitable for granting to a person with special needs who requires facilities of |
| |
a kind relating to that secure tenancy, and— |
| |
(a) | the occupier does not require facilities intended for a person with |
| |
| |
(b) | the local authority requires the facilities for use (whether alone or |
| 40 |
with members of his family) by such a person. |
| |
| |
| |
| |
|
| |
| |
“special needs” shall have the same meaning as in schedule 2 of the |
| |
Housing Act 1985 (c. 68). |
| |
| |
16 | The facilities afforded by the secure tenancy are more extensive than are |
| |
reasonably required by the occupier and— |
| 5 |
(a) | the secure tenancy vested in the occupier by virtue of succession, the |
| |
occupier being qualified to succeed by virtue of section 15 of this Act, |
| |
| |
(b) | notice seeking possession of land occupied under the secure tenancy |
| |
was served more than six months but less than twelve months after |
| 10 |
the date of the previous occupier’s death. |
| |
17 | The matters to be taken into account by the court in determining whether it |
| |
is reasonable to make an order on this ground include— |
| |
(a) | the age of the occupier, |
| |
(b) | the period during which the occupier has occupied the caravan as his |
| 15 |
only or principal home, and |
| |
(c) | any financial or other support given by the occupier to the previous |
| |
| |
| |
Suitability of facilities |
| 20 |
18 | For the purposes of Parts 2 and 3 of this Schedule, facilities are suitable if |
| |
they may be the subject of a separate secure tenancy and, in the opinion of |
| |
the court, they are reasonably suitable to the needs of the occupier and his |
| |
| |
19 | In determining whether facilities are “reasonably suitable”, in accordance |
| 25 |
with paragraph 18, the court shall have regard to the following factors— |
| |
(a) | the nature of the facilities which it is the practice of the local |
| |
authority to allocate to persons with similar needs; |
| |
(b) | the distance of the facilities from the place of work or education of |
| |
the occupier and any members of his family; |
| 30 |
(c) | the distance of the facilities from the home of any member of the |
| |
occupier’s family, if proximity is essential to that person’s or the |
| |
| |
(d) | the needs (as regard extent of facilities) and means of the occupier |
| |
| 35 |
(e) | the terms on which the facilities are available and the terms of the |
| |
| |
| |
| |
|
