Eviction if you own a mobile home
Find out your eviction rights as a mobile home owner and get help if you're facing eviction from a pitch.
If you're being harassed or forced out
It’s against the law for the landowner or site owner to evict you:
without giving you the correct notice
without getting a court order
by forcing or harassing you
Eviction from a protected site
A protected site has planning permission and a site licence from the council.
The site should have its licence displayed.
Contact the council's environmental health department if you're unsure whether your site is protected by a licence.
The landlord or site owner cannot evict you without sending you a valid eviction notice. You must be given at least four weeks' notice for the notice to be valid.
you're entitled to any advance payments back from the landlord or site owner.
You can only be evicted from a protected site for certain reasons, called 'grounds'.
the site owner's lease has expired
planning permission for the site has expired
you have broken a condition of your agreement
you’re not using the mobile home as your only or main home
the condition of your mobile home is having a detrimental effect on the site
Demolition or improvement works
The council or another public authority might need you to move your mobile home so they can carry out demolition or improvement works to the site.
They should offer you another pitch somewhere else.
If this is not possible, you may be entitled to claim home loss payment or compensation.
If you do not leave — going to court
If you have not moved off the site by the time your eviction notice has expired, the site owner must apply to the sheriff court for an eviction order.
A solicitor or housing professional can speak at court on your behalf and try to stop the eviction order from being granted.
You do not have to move off the site until the date on the eviction order.
Delaying an eviction
An eviction order for a protected site can be delayed for up to 12 months. This is called ‘suspension’. You will have to leave eventually.
The court must look at the entire case, including whether you have:
broken any park rules or terms of your residential contract
refused a reasonable offer by the site owner to renew your contract
tried to find another suitable pitch
The eviction might only be delayed if you meet certain conditions, for example, paying rent arrears.
An eviction from a site owned by the council cannot be delayed.
An eviction cannot be delayed beyond the expiry date of the site licence.
Eviction from an unprotected site
An unprotected site does not have planning permission or a site licence. You will have limited eviction rights.
Last updated: 20 October 2021