Question reference: S5W-27329
- Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
- Date lodged: 6 February 2020
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Current status: Answered by Kevin Stewart on 21 February 2020
Question
To ask the Scottish Government, in light of the provisions in the Mobile Homes (Written Statement) (Scotland) Regulations 2013, whether issuing a Written Statement is a legal requirement and not just a condition of a residential licence, and who is responsible for the site owner’s compliance with the Written Statement.
Answer
The Mobile Homes Act 1983 requires that, before making an agreement to station a mobile home on a site and occupy the mobile home as an only or main residence, the site owner shall give the proposed occupier a written statement. The Mobile Homes (Written Statement) Scotland Regulations 2013 set out the form of the written statement. The written statement forms part of the contract between the site owner and the occupier. Each party has recourse to the courts if they consider that the other party is not complying with the written statement. Local authorities, when assessing an application for a site licence under Part 5 of the Housing (Scotland) Act 2014, must consider material that shows a person has breached a written agreement under the Mobile Homes Act 1983.