Mobile homes and the Rent (Scotland) Act 1984
This section discusses the protection offered to mobile home occupiers by the Rent (Scotland) Act 1984.
Mobile homes and 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.
Last updated: 20 January 2020