Draft guidance for managing Gypsy and Traveller sites - Chapter 5: written statement and mobile home agreement

Section 49 of the 2013 Act requires a local authority to give a written statement to a proposed resident of a permanent or transit site before they enter into a mobile home agreement with the authority. The written statement must:

• state the names and addresses of the parties
• include clear details of the land on which the proposed occupier may station their mobile home
• state the express and implied (terms to be contained in the agreement

The site manager must also issue the applicant with the mobile home agreement in accordance with the 2013 Act which must be agreed to by the applicant before any mobile homes are brought on site.

The agreement is a binding contract drawn up by the local authority that will provide clarity and security for both the applicant, the site manager and the local authority.

The agreement should be fully explained to the applicant, in particular, the roles and responsibilities of the site manager, the local authority and the applicant once they have entered into the agreement. The agreement should also state that the applicant should obtain legal advice if there is something in the agreement they do not understand.

The implied terms set out in Chapter 4 of Schedule 2 to the 2013 Act apply to all agreements for a permanent pitch on a local authority Gypsy and Traveller site. These terms cannot be overridden by either local authorities or residents.

The ‘implied’ terms for a permanent pitch deal with:

• termination of agreements
• assignments
• recovery of any overpayments
• re-siting of mobile homes
• the quiet enjoyment of the mobile home
• the site owner’s right of entry to the pitch
• setting pitch fees
• the occupier’s obligations
• the site owner’s obligations with regards to site maintenance and security

The applicant and the local authority can also agree express terms. These may include details such as the services the occupants may access on the site and a requirement for the occupant and everyone else living on the pitch to comply with the rules of the site.

The ‘express’ terms will explain local site rules and may include the consequences of:

• threatening behaviour or language to staff, other residents or contractors
• rent arrears
• inappropriate use of the site including criminal activity
• damage to pitches or amenities blocks (own or other)
• anti-social behaviour including noise disruption
• refusing access to manager, local authority or contractors to undertake duties when prior warning (if needed) has been given
• failure to keep domestic pets under proper control and cleaning up after them
• keeping animals in excess of agreed numbers

Any rules relating to the keeping of animals or undertaking economic activities on site should be included under the ‘express’ terms.

Residents on a permanent site have a responsibility under their mobile home agreement to:

• comply with the terms contained within the agreement, which may include specific site rules (‘express terms’)
• pay the pitch fee to the site owner/manager
• pay the site owner/manager all sums due in respect of gas, electricity, water, sewerage or other services supplied by the local authority
• keep their mobile home(s) in a sound state of repair
• keep the outside of their mobile home(s) and the pitch, including fences and utility blocks supplied with the pitch, in a clean and tidy condition
• if seeking reimbursement for emergency costs or expenses, provide the site owner / manager with documentary evidence
• provide at least 4 weeks written notice if they want to terminate their agreement
• provide the site owner/manager with entry to the pitch under the conditions set out in the 2013 Act .

If applicants do not agree and express terms proposed, they should discuss their concerns with the local authority. If the local authority will not agree to change the terms, the resident may make an application to the RPT for the term to be varied or deleted. Such an application must be made within 6 months of the term being made.

In addition, if the applicant believes that an express term is unfair, they could complain to the Office of Fair Trading, or any qualifying body, in accordance with the provisions of the Unfair Terms in Consumer Contracts Regulations 1999.

The resident should be given a reasonable amount of time to ask any questions relating to the agreement and query any of the information provided. before the agreement needs to be signed.

The applicant must sign the agreement or make their mark) to say they have understood the rules (whether they were explained to them verbally or having read the written text of the agreement itself). Applicants should be given the opportunity to invite a third party to assist with reading and/or explanations if so required. Once the agreement has been signed and fully understood and the manager and applicant are content, the caravan can then be secured on the specified pitch.

Local authorities and residents of permanent pitches can request that new agreements are adopted if the existing arrangements are problematic. Both parties must agree to any varying or deletion of terms. If this is not possible, one or other party can apply to the RPT for an independent decision about whether the terms should be changed. Local authorities cannot amend the terms without agreement from residents or the RPT.

The written pitch agreement should include details of the pitch fee and other costs and the day on which they will be due. This should include which services and utilities are included in the pitch fee.

The agreement must also include the annual date upon which the pitch fee will be reviewed. This is explained in more detail in Chapter 7.

The pitch agreement must make it clear to the residents what the pitch fee will cost and separately define any other applicable service charges. For example, the pitch agreement may include information regarding the costs of water and sewerage charges for that year.

The services (e.g. refuse collection, postal services) provided on site should be the same as for social housing, where possible. Services provided should be uniform across pitches.

The implied terms for a local authority transit pitches are set out in Chapter 3 of Schedule 2 to the 2013 Act.

Given the temporary nature of transit accommodation, occupiers of transit pitches do not have the same right to challenge the terms of those mobile home agreements in the same way as residents on a permanent site.

However, an agreement for residents from transit sites can expect all facilities kept in good working order and safety protocols are followed to ensure a safe living environment.