implied terms
📖 What is implied terms? Meaning and definition
Implied terms are provisions that are automatically included in certain agreements by law, without needing to be specifically agreed upon by the parties involved. In the context of mobile home tenancies in the UK, these terms are particularly important as they set out fundamental rights and responsibilities for both the site owner and the resident. They ensure a baseline level of protection and service, even if the written agreement is silent on these points.
For example, the Mobile Homes Act 1983 includes specific implied terms regarding the owner's obligations. These can cover responsibilities like repairing the base on which a mobile home is stationed, or maintaining essential services such as gas, electricity, water, and sewerage supplied to the pitch or the mobile home itself. These obligations exist to ensure the safety and habitability of the site and the mobile home.
Furthermore, implied terms can also dictate how site owners must interact with residents. An owner might have an implied obligation to consult with a residents' association about matters relating to the operation, management, or improvements to the protected site. This ensures residents have a say in decisions that affect their living environment. When a dispute arises concerning these implied terms, a tribunal, such as the First-tier Tribunal, can be asked to make a determination, though its powers are limited to what Parliament has specifically granted it.
📋 Requirements
- The agreement must be one to which the Mobile Homes Act 1983 applies.
- The matter in question must fall under the specific obligations set out as implied terms by the relevant legislation.
- The owner must have failed to meet an obligation, such as repairing the mobile home base or maintaining services.
- The owner must have failed to consult with residents on specified matters.
📝 Procedure
- An application is made under section 4 of the Mobile Homes Act 1983 for a determination of a question arising under the Act or agreement.
- Directions are issued by a Procedural Judge for parties to exchange statements of case and documentation.
- The Tribunal may determine the application without an oral hearing if one party fails to respond or comply with directions.
- The Tribunal makes an order, for example, requiring the site owner to comply with an implied term.
💡 Examples
- A mobile home site owner is legally responsible for repairing the concrete base where a resident's mobile home sits, even if it's not written in their contract.
- The site owner must maintain the water supply to a mobile home pitch, as this is an implied term of the agreement.
- A site owner has an implied obligation to consult with the residents' association about plans to improve the shared facilities on the protected site.
- If the electricity supply to a mobile home fails due to a fault in the site's infrastructure, the owner is responsible for fixing it under implied terms.
📚 Legal basis
- Mobile Homes Act 1983
- Housing Act 2004
❓ Frequently asked questions
What does 'implied terms' mean in a mobile home agreement?
Implied terms are conditions that are automatically included in your mobile home agreement by law, even if they aren't written down. They cover things like the site owner's responsibility to maintain services or repair the mobile home base.
Can a site owner be forced to follow an implied term?
Yes, if a site owner fails to comply with an implied term, a resident can apply to a tribunal, such as the First-tier Tribunal, to seek an order for the owner to comply.
Are implied terms the same for all mobile home agreements?
The core implied terms are set out in legislation like the Mobile Homes Act 1983, so they generally apply to all agreements covered by that Act, ensuring consistent basic protections.
What if my written agreement contradicts an implied term?
Generally, implied terms established by law will override any conflicting clauses in a written agreement, as they are statutory obligations designed to protect residents.
How do I know what the implied terms are for my mobile home agreement?
The Mobile Homes Act 1983, particularly Chapter 2 of Part 1 of Schedule 1, outlines the owner's obligations as implied terms. You can refer to this legislation or seek advice from a qualified solicitor for specific details.
Does the First-tier Tribunal have the power to grant any remedy for a breach of implied terms?
The First-tier Tribunal has specific powers granted by Parliament to make orders or grant remedies. It does not have unlimited inherent jurisdiction, meaning it can only act within the scope of those specific powers.