Draft guidance for managing Gypsy and Traveller sites - Chapter 7: ending the agreement

Once the mobile home agreement is agreed and signed for a residential local authority pitch, it will provide indefinite security of tenure for the resident; unless the pitch itself has only finite planning permission duration.

Where the pitch agreement is issued for a transit pitch, the maximum length of occupation is 3 months. Different termination procedures will apply depending on whether the individual is on a residential pitch or a transit pitch.

When residential mobile home agreements are breached, the site manager should first try to resolve the problem informally, if appropriate, and ensure the residents understand there has been breach which could have consequences for their continued occupation on the site.

Examples how to resolve breaches of the agreement by occupants are detailed below. However, the level of action to be taken in any case will be based on the severity of the breach and the impact it may have had on other site residents and those living in the surrounding area:

• No further action required; the resident has resolved the issue after an informal discussion with the site manager and is no longer in breach of the agreement.
• A verbal warning may be issued for a minor breach. The verbal warning must be recorded in writing and the occupant must understand that a failure to comply may lead to further action being taken against them.
• A written warning - this may be given to the occupant where they have failed to comply with any verbal warning already issued to them or as a first step where the breach is more serious. The written warning must explain how the occupant has breached the agreement, and what they need to do, by which date, to resolve the breach. The written warning must also explain the potential consequences for the occupant if they do not resolve the breach as required, which may include legal action being taken against them.
• A final written warning may be given to the occupant if they fail to take the action required in a first written warning, whether to a reasonable standard or at all, or where they commit a very serious breach of the agreement. If following the issue of a first written warning, the outstanding breach is sufficiently serious, local authorities may decide to take immediate legal action instead of issuing a final written warning. If a final written warning is issued, it must explain how the occupant continues to breach the agreement and what they need to do, by which date, to resolve the breach. The second written warning must also explain the potential consequences for the occupant if they do not comply, which may include legal action being taken against them.
• Legal action may be required if the matter has not been resolved after a first or second written warning, or if the breach of the agreement is very serious, or the occupants commit further breaches of the agreement.

Where residents fail to resolve any breach of the agreement after receiving the first written warning and a site manager considers they need to take further action, they should first discuss this with the operational manager.

The legal procedures a local authority must follow before a mobile home agreement may be terminated are set out in paragraphs 38 to 40 of Schedule 2 to the 2013 Act.

Local authorities must provide evidence to satisfy a court or tribunal that it is reasonable to terminate the agreement before an occupant can be evicted from a local authority pitch.

Evictions from transit pitches do not need to be approved by a court or tribunal. Local authorities may terminate agreements for transit pitches before the expiry date for any reason, provided the occupier is provided with 4 weeks written notice. Site owners may also terminate the agreement immediately if the occupier has breached their pitch agreement and, having been served with a notice by the local authority to rectify the breach, has failed to do so in a reasonable time and the local authority considers it reasonable for the agreement to be terminated.

If an eviction is to take place, the site manager must ensure that other relevant local authority departments working with the household (for example education and health professionals) are notified.

As with evictions involving members of the settled community, the police should not be routinely called in the case of any eviction. This should only be the case where a breach of the peace is specifically anticipated in any given case.