Protection from eviction

The Caravan Sites Act 1968 provides minimum protection from eviction and harassment for all mobile home occupiers, whether they are renters or owner-occupiers. This applies only to people whose caravans fall within the definition of a 'mobile home' and who live on protected sites. The relevant provisions of the Act were extended to Scotland by the Mobile Homes Act 1975.

The Caravan Sites Act 1968 states that either the occupier or the site owner must give at least four weeks' notice to terminate an agreement. [1] The notice can be in any form and does not have to be in writing. It could be argued, from common law, that a notice also has to be served so that it coincides with the earliest date at which a common law lease could be ended. There is, however, no precedent on this in the context of mobile homes. The 1968 Act also makes it a criminal offence to evict any mobile home occupier without a court order. [2] There is a statutory defence to unlawful eviction if the site owner can prove that s/he believed, with reasonable cause, that the occupier had ceased to reside on the site. [3] Charges have to be brought by the police and sent to the procurator fiscal. A person found guilty of an offence may be liable for a fine or imprisonment. Both a corporate body and an official employed by it can be guilty of an offence.

The definition of the offences constituting harassment includes withdrawing or withholding services and interference with the peace or comfort of the occupier. [4] In both cases, unless the conduct began before 28 May 2007, it is not necessary to show that the acts were done with the intent to cause the occupier to abandon occupation of the home, remove it from the site, or refrain from exercising any of her/his rights - it is sufficient that the harasser knows that they are likely to have this effect. The harasser will have a defence if s/he can show that s/he had reasonable grounds for her/his actions. [5]

Where a site owner applies for an eviction order against a caravan renter, provided that the correct notice to quit has been served, the courts have no option but to grant the order. In the case of an owner-occupier, the sheriff must also grant an eviction order, but only once an agreement has been terminated according to the Mobile Homes Act 1983 [6]. Under the Caravan Sites Act 1968, the sheriff has the power to suspend an eviction order for up to 12 months, or for whatever shorter period s/he considers reasonable. [7] The court may impose conditions on the suspension, such as payment of arrears. The court must also take into account all the circumstances of the case when deciding whether to suspend the order, in particular:

• whether the occupier has failed to observe any terms or conditions of the contract

• whether the occupier has refused an offer by the owner to renew the contract for a reasonable period on reasonable terms

• whether the occupier has failed to make reasonable efforts to obtain suitable accommodation for the mobile home elsewhere. [8]

A court has no power to suspend an order where the proceedings are taken by a local authority in respect of a site leased or managed by it, or where there is no site licence in force. If the site licence is due to expire then the period of suspension must not go beyond the expiry date of the licence.

The provisions of the Rent (Scotland) Act 1984 and of the Housing (Scotland) Act 1988, which protects tenants and other residential occupiers from unlawful eviction and harassment, fully apply to people renting caravans. They do not, however, apply to owner-occupiers who rent a pitch on a site.