protected sites
📖 What is protected sites? Meaning and definition
In the context of UK tenancy law, particularly concerning mobile homes, a 'protected site' is a designated area that falls under the provisions of the Mobile Homes Act 1983 (as amended). This classification is crucial because it grants residents certain rights and protections regarding their pitch agreements and fees. For a site to be considered protected, it typically requires a site licence issued under the Caravan Sites and Control of Development Act 1960, subject to specific conditions.
The status of a site as 'protected' directly impacts the jurisdiction of tribunals. If a site is determined not to be a protected site within the meaning of the Mobile Homes Act 1983, a tribunal may lack the authority to rule on matters such as pitch fee reviews or to compel site owners to provide written statements of agreement terms. This highlights the importance of this designation for both site owners and mobile home residents.
For residents, being on a protected site means their right to station their mobile home is governed by a Written Agreement under the 1983 Act, providing a framework for their tenancy. This agreement covers aspects like pitch fees and their review process. The legal framework aims to provide security and clarity for those living in mobile homes on such sites, ensuring their agreements are subject to specific statutory protections.
📋 Requirements
- The site must fall within the meaning of the Mobile Homes Act 1983 (as amended).
- An indefinite site licence must have been granted under Section 3 of the Caravan Sites and Control of Development Act 1960, subject to conditions.
- The definition of a protected site in Part 1 of the Caravan Sites Act 1968 includes sites where a licence would be required under the 1960 Act if local authority site exemptions were omitted.
💡 Examples
- A mobile home park with 21 pitches was confirmed as a protected site, meaning the residents' pitch fee reviews were subject to the Mobile Homes Act 1983.
- A resident's right to station their mobile home on a specific pitch was governed by a written agreement under the 1983 Act because the site was protected.
- When a tribunal determined that a particular plot of land was not a protected site, it consequently had no power to decide on a reviewed pitch fee or order a written agreement.
📚 Legal basis
- Mobile Homes Act 1983
- Caravan Sites and Control of Development Act 1960
- Caravan Sites Act 1968
❓ Frequently asked questions
What does it mean if my mobile home is on a protected site?
If your mobile home is on a protected site, your agreement to station your home is covered by the Mobile Homes Act 1983. This gives you specific legal rights and protections regarding your pitch fee and the terms of your agreement.
How can I find out if my site is a protected site?
The status of a site as 'protected' is determined by whether it meets the criteria set out in the Mobile Homes Act 1983 and has a valid site licence under the Caravan Sites and Control of Development Act 1960. You may be able to check with your local council or the site owner.
What happens if a site is not a protected site?
If a site is not deemed a protected site, a tribunal may not have the legal authority to intervene in disputes over pitch fees or to order the site owner to provide a written agreement, as these powers often stem from the Mobile Homes Act 1983.
Does a protected site status affect my pitch fee?
Yes, on a protected site, the review process for your pitch fee is governed by the provisions of the Mobile Homes Act 1983, which outlines how and when fees can be increased.
Are all mobile home sites in the UK protected sites?
No, not all mobile home sites are protected sites. The status depends on whether the site meets the specific legal definitions and licensing requirements under the relevant Acts.
Can a site lose its protected status?
The excerpts do not provide information on whether a site can lose its protected status. For specific legal advice on this, it would be best to consult with a qualified solicitor.