Supreme Court allows mobile home appeal

The Supreme Court today handed down judgment in Telchadder v Wickland Holdings Limited. In an important decision affecting the rights of some 85,000 households who live in mobile homes, the Court gave guidance about how their agreements can be terminated. The Appellant had been served with a notice about anti-social behaviour in 2006. There was no repetition until 2009 when there was a further incident. The site owner then started proceedings to terminate the agreement but did not serve another notice. The County Court and Court of Appeal both upheld the owner’s claim but the Supreme Court unanimously allowed the appeal. The majority reasoning was that the breach in 2006 was capable of being remedied and had been remedied in the circumstances since there had been no further incident for three years after it was served. The landlord could therefore not rely on the old notice in 2009 and since it had not served a further notice the claim had to fail.

 

Martin Westgate QC and Lindsay Johnson acted for the successful appellant, instructed by Shelter Eastern Counties.

 

To view the full judgment please see here.

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