Mobile homes without protection

The rights of common law tenants apply to virtually anybody who rents either a mobile home or a pitch to site a mobile home. This includes people whose mobile homes fall outwith the definition of the legislation, and those who do not live on a protected site.

The common law rights include a right not to be evicted without a court order, and certainly not without a proper notice which would terminate the (verbal or written) contract. A valid notice must be served, to come into effect on the date that the contract expires. Without such a notice, the contract will renew itself for the same period and on the same terms as before - unless the initial contract was for more than a year, in which case it will be renewed for one year. If no duration had been agreed in a lease, then a duration of one year will be assumed. [1] Under common law, damages for unlawful eviction can be sought, but they will be less than damages awarded under the Housing (Scotland) Act 1988.

Other rights, such as a right to quiet enjoyment of one's tenancy, or to have the caravan let and kept in a habitable condition, can be inferred from common law, unless a written agreement states that they do not apply. They could, in theory, be enforced through an action of specific implement in the sheriff court, and damages for breach of contract can be sought. There is no legal precedent on this in the context of caravans. Common law tenants should always be advised to be careful about enforcing legal rights since they have very limited security of tenure.

Under common law, the sheriff has no option but to grant an eviction order if the landlord or site owner seeks one, provided that the lease has been brought to an end. [2]