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Proceeding contribution from Baroness Hanham (Conservative) in the House of Lords on Wednesday, 2 March 2011. It occurred during Debates on delegated legislation on Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011; Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011; Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011.


Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011

Let us go back to possession. Only a court can grant possession, so the tribunal proceedings would not deal with possession. It is always dealt with in the courts. My previous remarks referred to termination, where, if there was no agreement by the resident, it could go to court. By both routes it can end up in court, but with possession it starts and is completed in court. You cannot have possession that does not go through the courts. I was fascinated to learn that the noble and learned Lord, Lord Scott, was on the Merits of Statutory Instruments Committee. The way in which it is laid out, there were no challenges from the committee—I am sorry, from the JCSI—on this matter. My advice is that there is no need for a notice period to be specified, because the Caravan Sites Act 1968 already provides that the occupier on quitting early must give four weeks’ notice. That requirement has not been changed. Terms of occupation will be set out in a written statement, which will be given to the occupier who is coming on for three months.


Secondary information

Type
Proceeding contribution
Reference
725 c184GC 
Session
2010-12
Chamber / Committee
House of Lords Grand Committee
Subjects
Caravan sites Fees and charges Local government Park homes Tribunals Travellers
Legislation
Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011
Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011
Mobile Homes Act 1983 (Amendment of Schedule 1 and Consequential Amendments) (England) Order 2011
Link
View this Proceeding contribution on www.publications.parliament.uk