- The appeal raises troublesome issues of construction of para 4 of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 ("the 1983 Act"). By section 1, the 1983 Act applies to any agreement under which a person ("the occupier") is entitled to station a mobile home on land forming part of a protected site and to occupy it as his only or main residence; and, by section 2, the terms set out in Part 1 of Schedule 1 to it shall, notwithstanding any express term to the contrary, be implied in any such agreement between the site owner and the occupier. Thus, by paragraph 1 of Chapter 2 of Part 1, a term is, subject to an irrelevant exception, implied that the occupier's right to station his mobile home on the site shall subsist until the agreement is determined under one of four subsequent paragraphs. Of the three (now numbered 4, 5 and 5A) which relate to determination by the site owner, the relevant paragraph is 4 ("the para 4 term") which provides that:
- In the present case the occupier's breach was an act of anti-social behaviour. It raises the following issues:
- Mr Telchadder, who is an occupier of a mobile home, appeals against an order of the Court of Appeal (Mummery LJ, Black LJ and Dame Janet Smith) dated 16 May 2012, [2012] EWCA Civ 635, by which it dismissed an appeal against an order made by HHJ Moloney QC in the Southend County Court on 17 August 2011. In proceedings brought by Wickland (Holdings) Ltd ("Wickland"), which owns and operates a site for mobile homes at Meadowview Park, Little Clacton, Essex, Judge Moloney held that, pursuant to the para 4 term, Wickland was entitled to terminate its agreement with Mr Telchadder dated 1 June 2006 and he proceeded to order that his licence to…
Summary
Michaelmas Term
[2014] UKSC 57
On appeal from: [2012] EWCA Civ 635
JUDGMENT
v
Wickland Holdings Limited (Respondent)
Lord Wilson
Lord Reed
Lord Carnwath
Lord Toulson
5 November 2014
| Appellant Martin Westgate QC Lindsay Johnson (Instructed by Shelter Eastern Counties) |
Respondent Richard Wilson QC Stephen Goodfellow (Instructed by Asher Prior Bates) |
LORD WILSON:
Issues
"The owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the appropriate judicial body –
(a) is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time; and
(b) considers it reasonable for the agreement to be terminated."
(i) Can an occupier 'remedy' a breach of a covenant against anti-social behaviour?
(ii) If not, what is the effect of the para 4 term?
(iii) Alternatively, if so,
(a) how may he 'comply' with a notice to remedy and
(b) what is the effect of his obligation to do so 'within a reasonable time'?
Continue reading Telchadder v Wickland Holdings Ltd
Sign in free to access the full text
Details
- Case
- [2014] UKSC 57
- Decision Date
CaseChat Overview and Summary
AI summary not yet generated for this case.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.