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Eviction from a pitch if you rent a mobile home on a protected site

This page explains your rights if you rent a mobile home on a protected site and have been asked to leave by the site owner.

You will have extra protection against eviction from the site you live on if you rent a mobile home that:

  • falls into the legal definition, and
  • is stationed on a protected site.

Read the page on mobile homes and sites if you're not sure whether your mobile home falls into these categories.

When can the site owner ask me to leave?

If you rent a mobile home on a protected site, you should have a residential contract with the site owner. This is an agreement that gives you the right to live in a mobile home on the site. This contract does not need to be in writing - if the site owner has given you permission to occupy the mobile home and accepts rent from you, a contract exists. In practice, few people who rent mobile homes are given written agreements.

The residential contract should state how long you have the right to live there, for example six months or a year. Once this time is up, the contract expires and will need to be renewed. If you don't have a written contract, you can argue that you have a right to live on the site for a year from the date you moved in or started paying rent.

During that time, the site owner can only ask you to leave the site if:

  • there is a clause in your contract stating that the agreement can be ended by either you or the site owner with four weeks' notice, and the site owner gives you the correct notice; or
  • you break any of the terms of your agreement, and the agreement states that this gives the site owner the right to ask you to leave.

However, the site owner can evict you at the end of your contract, as long as they give you at least four weeks' notice to leave. If you don't leave at the end of the four weeks, the site owner must apply to the sheriff court for an eviction order. If they have given you the correct notice, the sheriff will grant them an eviction order and you will have to leave.

Suspension of eviction orders

The sheriff can decide to postpone your eviction for up to 12 months. When deciding whether to do this, they must take into account all the circumstances of the case, in particular:

  • whether you have broken any terms or conditions of your residential contract or of the site licence, or have broken any park rules
  • whether you have refused an offer by the site owner to renew your contract for a reasonable period on reasonable terms
  • whether you have tried to obtain suitable accommodation for the mobile home elsewhere.

Restrictions

  • The sheriff may impose conditions on the suspension, such as payment of rent arrears.
  • The sheriff can't suspend an eviction order if you are being evicted from a council run site.
  • If the site licence is due to expire then the period of suspension must not go beyond the expiry date of the licence.

What if the site owner evicts me illegally?

If the site owner tries to evict you without giving you the correct notice or without getting a court order, or if they try to force you to leave by harassing you, they are breaking the law - find out more about harassment and illegal eviction here.

If you think the site owner is acting unlawfully, get advice from the council or Shelter Scotland's free housing advice helpline 0808 800 4444 or Citizens Advice. Use the Advice Services Directory to find help near you.

Can I apply to the council as homeless?

Yes. If you live in a mobile home or houseboat but have nowhere to keep it, you are legally homeless. You can therefore make a homeless application to the council, who will have a duty to offer you:

  • help and advice to find somewhere else to live or keep your mobile home, and
  • somewhere to stay, if necessary (temporary accommodation).

Depending on your circumstances, the council may offer you a permanent home.

What if I rent a mobile home on an unprotected site?

Even if you live on an unprotected site, you will still have some basic protection against eviction under the common law, although you may find it hard to enforce your rights.

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The important points

  • If you rent your mobile home and are on a protected site, you should have an agreement with the site owner, but it does not need to be in writing.
  • Your landlord needs to give you a minimum of four weeks notice if they want you to leave, even if they want you to leave at the end of the agreement.
  • If you don't leave at the end of your agreement but your landlord has given you the correct notice, the sheriff will grant an eviction order and you'll have to leave.
  • The sheriff can suspend the eviction order for up to 12 months, but not if you're being evicted from a council-run site.

If you're still looking for help, try searching, or find out how to contact us

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