Mobile homes and the Rent (Scotland) Act 1984

A few occupiers may be able to show that they have a regulated tenancy. They must be able to show all of the following:

• The agreement began before 2 January 1989.

• The dwelling does not come within one of the exceptions to the Rent (Scotland) Act 1984. (For more information, please see the section on regulated tenancies.)

• The occupier rents a mobile home which can be classed as a dwelling house.

There is English case law that makes it clear that some mobile homes constitute dwelling houses, where:

• there is mains supply of electricity, water and telephone

• the mobile home is static and cannot be moved

• the mobile home is used as a permanent residence

• the mobile home is so large that it cannot be moved in one piece. [1]

An occupier who believes that s/he is a regulated tenant may seek clarity by applying to the rent officer to have a fair rent determined. Occupiers should, however, seek legal advice first: if the outcome is not favourable to the occupier, then the site owner might seek to evict her/him easily under the Caravan Sites Act 1968. Alternatively, an argument that the occupier is a regulated tenant can be used to defend an eviction action under the 1968 Act.