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HOWARD v CHARLTON

Licensed site: porch extension added to structure: whether occupier losing statutory protection Appeal from Judge Poulton in Canterbury County Court

13 September 2002

In 1991 under the terms of a written agreement in standard form the occupier acquired and took up residence in a mobile home on a licensed site. In 1992 having obtained planning permission she attached to one side a bolt-on porch extension (3.7 metres x 1.9 metres) that became used as part of her home. In 1999 disputes arose between the occupier and the site owner and in the course of ensuing litigation the site owner sought an order for possession claiming that the home had lost the essential quality of mobility so that the occupier was not afforded protection under the Mobile Homes Act 1983. The judge rejected the claim. The site owner appealed. CARNWATH LJ said that the judge found that the porch did not change the character of the original structure which remained a mobile home as defined in s 29 of the Caravan Sites and Development Act 1960. Private law matters between occupier and site owner were subject to control under ss 1, 2 and 3 of the 1983 Act. If a home which was the...

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