The court was asked as to the scope of the security of tenure conferred on occupiers of mobile homes owned by them and stationed under licence on pitches in protected residential sites. The tenant was accused of anti-social behavuour in have paraded in military combat uniform, obscuring his face. The tenant appealed against grant of the landlords claim for possession. The court below had held that, pursuant to the tenancy agreement Wickland was entitled to terminate its agreement with Mr Telchadder forthwith. Pending determination of the appeal and, were it to fail, of a potential application to suspend execution of the judge’s order under section 4 of the Caravan Sites Act 1968, Mr Telchadder continued in his mobile home.
Held: The appeal was dismissed.
Mummery LJ said: ‘[Counsel for Mr Telchadder] objected that the notice could not possibly have been intended by Parliament to have perpetual effect. As there had been compliance for a reasonable time following the 2006 notice, it was necessary, he asserted, to serve another notice before commencing proceedings. I do not agree. Paragraph 4 does not set any end-date for the expiration of a notice. There is no reason why the notice served in this case should not have continuing effect for the whole period of [Mr Telchadder’s] occupation of the mobile home on Plot Number 160. All that the notice was seeking to achieve was future compliance with continuing obligations in circumstances where [a breach] had already occurred.’
Judges:
Mummery, Black LJJ, Dame Janet Smith
Citations:
[2012] EWCA Civ 635
Links:
Statutes:
Mobile Homes Act 1983, Caravan Sites Act 1968
Jurisdiction:
England and Wales
Cited by:
At CA – Telchadder v Wickland Holdings Ltd SC 5-Nov-2014
Old breaches did not support possession order
The mobile home tenant was said to have paraded on the caravan park in combat style clothing, and disguising his face, causing fear among the other tenants. He now appealed against confirmation of the order for possession. He said that there had . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 22 October 2022; Ref: scu.457757
