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    Succession to a mobile home

    This page discusses the right to succeed to a mobile home under the Mobile Homes Act 1983.

    This content applies to Scotland

    Succession and mobile homes

    The right to succeed, though not an implied term, is included in the Mobile Homes Act 1983. [1] If an occupier dies, a spouse or civil partner living with the occupier at the time of death can succeed to the benefit of the agreement with the site owner. If there is no surviving spouse, then it passes to a member of the deceased occupier's family who was residing in the home at the time of death. According to housing law and to the Human Rights Act 1998, this will include a surviving same-sex partner who is not a civil partner.

    If there is no person entitled to succeed, then the agreement passes under the occupier's will or intestacy. But in this case an inheritor will have no right to occupy the mobile home or gift it to another member of the family, but may sell the home on the site. In the meantime, the site owner cannot take legal action against the new mobile home owner on the ground that this person is not occupying the mobile home as his or her main residence.

    Last updated: 20 January 2020

    Footnotes

    • [1]

      s.3(3)(a) Mobile Homes Act 1983 amended by sch.27 para. 87 Civil Partnership Act 2004