The Supreme Court is about to hand down judgment on a park home case, which has important implications for residential park operators.
The case concerns the duration of a notice of breach of the agreement. This was a case where the resident, Mr Telchadder, had been served with notice of breach of his agreement under the Mobile Homes Act 1983 (as amended) as a result of his behaviour on the park and action for termination of his agreement and possession of his pitch had been granted at first instance.
The issues before the Court are:
(1) whether the notice runs indefinitely throughout the duration of the agreement
(2) whether the notice ceased to have effect through the passage of time
(3) if the park owner had forfeited his right to take action and accepted the resident’s behaviour by taking payment of pitch fee from him.
The case was heard on 1 May 2014 and judgment is due to be handed down today. We will provide further updates as the judgment is made.
For analysis and comment on the earlier decisions in his case, please click on the article links below: