protected site
📖 What is protected site? Meaning and definition
A protected site is a designated area, often a mobile home park, where the relationship between the site owner and the residents who live in mobile homes is subject to particular legal protections. These protections are largely established by the Mobile Homes Act 1983, which implies certain terms into the agreements between residents and site owners. This means that even if a written agreement doesn't explicitly state certain rights or obligations, the law ensures they are still in place.
For residents on a protected site, their right to station a mobile home on a pitch is governed by a written statement (an agreement) with the site owner, alongside the implied terms of the 1983 Act. This legal framework is crucial for matters such as pitch fee reviews, ensuring a structured process for any proposed increases. If an agreement cannot be reached on a pitch fee increase, the matter can be referred to a tribunal for determination.
Furthermore, the concept of a protected site also facilitates the formation and recognition of residents' associations. A group of mobile home residents on a protected site can work together to represent their collective interests. Once recognised, the site owner is typically required to consult with this association on matters related to the management and operation of the site, such as the provision of utilities, enhancing residents' collective voice and influence.
📋 Requirements
- The site must fall within the meaning of the Mobile Homes Act 1983.
- Residents typically have a written agreement (Written Statement) with the site owner.
- The site owner must adhere to implied terms of the Mobile Homes Act 1983 regarding resident rights.
📝 Procedure
- Site owner serves a notice of increase for pitch fees.
- If agreement on pitch fee increase is not reached, an application can be made to a tribunal.
- A residents' association can apply to be recognised as a Qualified Residents' Association (QRA) for the protected site.
- The tribunal determines applications related to pitch fees or residents' association recognition.
💡 Examples
- A resident on a mobile home park in Essex found their pitch fee increase was disputed, leading to a tribunal application because the park was a protected site under the Mobile Homes Act 1983.
- When a company operating a protected site went into administration, the new owners still had to adhere to the Mobile Homes Act 1983 regarding residents' rights and pitch fee reviews.
- A group of mobile home residents on a protected site successfully applied to a tribunal to be recognised as a residents' association, allowing them to represent their collective interests to the site owner.
- The tribunal examined a pitch fee increase application for a protected site, ensuring the process followed the implied terms of the Mobile Homes Act 1983, even without a complete written agreement for that specific pitch.
📚 Legal basis
- Mobile Homes Act 1983
❓ Frequently asked questions
What does it mean if my mobile home park is a 'protected site'?
If your mobile home park is a protected site, it means that your rights as a resident are safeguarded by specific laws, primarily the Mobile Homes Act 1983, which adds implied terms to your agreement with the site owner.
How does being on a protected site affect my pitch fees?
On a protected site, pitch fee reviews must follow a specific process, often involving implied terms from the Mobile Homes Act 1983. If you and the site owner cannot agree on an increase, a tribunal can make a decision.
Can residents on a protected site form an association?
Yes, residents on a protected site can form a residents' association. Once recognised by a tribunal, the site owner must consult with this association on matters concerning the site's management and operation.
What is the Mobile Homes Act 1983 and why is it important for protected sites?
The Mobile Homes Act 1983 is a key piece of legislation that provides a legal framework for the rights of mobile home residents on protected sites. It ensures certain protections and implied terms are part of the agreement between residents and site owners, even if not explicitly written.
What happens if the site owner changes on a protected site?
If the site owner changes, the new owner typically takes over the responsibilities and obligations under the Mobile Homes Act 1983, meaning the protections for residents on the protected site generally remain in place.
Where can I find my agreement for a pitch on a protected site?
Your right to station your mobile home is governed by a Written Statement (agreement) with the site owner and the implied terms of the Mobile Homes Act 1983. You should have been provided with a copy of your Written Statement by the site owner.