Resolving disputes

Disputes may arise between mobile home occupiers and site owners on a number of issues concerning termination of agreements, serving of the written statement or applications to vary or delete express terms of the agreement.

Section 4 of the Mobile Homes Act 1983 provides that the sheriff court or an arbiter can determine any question arising under the Act or any agreement to which it applies. A referral to an arbiter can only be made with the written consent of both parties. There are advantages and disadvantages in choosing between the sheriff court and an arbiter. Arbitration will not usually involve any costs, however further appeals are, in limited circumstances, possible against an order by a sheriff, but not against an arbiter. Occupiers should seek legal advice before deciding. Where a site owner seeks to terminate an agreement, it will not usually be in the occupier's interest to agree to arbitration.