If you’re being evicted from your mobile home

What you can do if your landlord or the site owner asks you to leave. If you rent a mobile home or you own a mobile home, and rent a pitch to station it on, you will have some protection against eviction.

If you rent your mobile home, your rights regarding eviction will be different depending on what kind of tenancy you have. If you own your mobile home, your rights will be different if you stay on a protected site or unprotected site.

Read the page on renting or owning to find out which rights apply to you.

The legal definition of a ‘mobile home’

According to the law, a mobile home is:

  • a structure designed to be lived in that can be moved from place to place (for example, by being towed or transported on a trailer or motor vehicle), or
  • motor vehicle designed or adapted to be lived in.

The maximum size of a mobile home is 20 metres long (exclusive of any tow-bar), 6.8 metres wide and 3.05 metres high inside. Be aware that if you add a porch or extension to your mobile home, it may take it outside the legal definition, although if the attachments can be easily removed, they can be disregarded.

Railway carriages and tents do not count as mobile homes.

The legal definition of a ‘dwelling house’

Your mobile home may be classed as a ‘dwelling house’ rather than a mobile home if it:

  • has mains supplies of electricity, water and telephone, and
  • is used as a permanent residence, and
  • is static and cannot be moved, or
  • is so large that it cannot be moved in one piece.

If you rent a mobile home that is classed as a dwelling house you will probably be a tenant rather than a licensee. This gives you more rights.

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 0345 075 5005.

Eviction from a protected site

This section explains your rights if you rent a mobile home on a protected site and have been asked to leave by the site owner. Read the pages on mobile homes and sites if you’re not sure whether your mobile home is on a protected site.

When can the site owner ask me to leave?
If you rent a mobile home on a protected site, you should have a residential contract with the site owner. This is an agreement that gives you the right to live in a mobile home on the site. The contract does not need to be in writing – if the site owner has given you permission to occupy the mobile home and accepts rent from you, a contract exists. Few people who rent mobile homes are given written agreements.

The residential contract should state how long you have the right to live on the site, for example six months or a year. Once this time is up, the contract expires and will need to be renewed. If you don’t have a written contract, you can argue that you have a right to remain there for a year from the date you moved in or from the date you started to pay rent.

During that time, the site owner can only ask you to leave the site if:

  • there is a clause in your contract stating that the agreement can be ended by either you or the site owner with four weeks’ notice, and the site owner gives you the correct notice; or
  • break any of the terms of your agreement, and the agreement states that this gives the site owner the right to ask you to leave.

However, the site owner can evict you at the end of your contract, as long as they give you at least four weeks’ notice to leave. If you don’t leave at the end of the four weeks, the site owner must apply to the court for an eviction order.

If they have given you the correct notice, the court will grant them an eviction order and you will have to leave.

Suspension of eviction order
The court can decide to postpone your eviction for up to 12 months. When deciding whether to do this, they must take into account all the circumstances of the case, in particular:

  • whether you have broken any terms or conditions of your residential contract or the site licence, or have broken any of the park rules
  • whether you have refused an offer by the site owner to renew your contract for a reasonable period on reasonable terms
  • whether you have tried to obtain suitable accommodation for the mobile home elsewhere.

Restrictions
The court may impose conditions on the suspension, such as payment of rent arrears.

If the site licence is due to expire then the period of the suspension must not go beyond the expiry date of the licence.

What if the site owner evicts me illegally?
If the site owner tries to evict you without giving you the correct notice or without getting a court order, or if they force you to leave by harassing you, they are breaking the law. Find out more about harassment and illegal eviction here.

If you think the site owner is acting unlawfully, get advice from the council, Shelter Cymru or Citizens Advice.

Can I apply is homeless?
Yes. If you live in a mobile home or houseboat but have nowhere to keep it, you are legally homeless. You can therefore make a homeless application to the council, who may have a duty to offer you:

  • help and advice to find somewhere else to live or keep your mobile home, and
  • depending on your circumstances, somewhere to stay, if necessary (temporary accommodation).

What if I rent my home on an unprotected site?
If you live on an unprotected site, you will have no protection against eviction.

Read our section on unprotected sites for more information.

Eviction from an unprotected site

If you live on an unprotected site, the site owner may be able to evict you from the site very easily.

What is an unprotected site?
If your mobile home is placed on private land or only has planning permission as a holiday site, you will live on an unprotected site. If you are not sure if you live on a protected or unprotected site, click here for further information.

When can I be evicted?
At any time. If you live on an unprotected site, you may fall outside the protection of the law on eviction. This means that you can be evicted without the site owner serving a notice or getting a court order. It would be unwise, however, for a site owner to remove your mobile home without a court order, as this could lead to a breach of the peace. If you live on an unprotected site and the site owner wants to evict you, get advice immediately.

If you have a written lease with the site owner, check to see if it says how long you can stay on the site. Get in touch with an adviser if you need help.

Can I apply as homeless?
Yes. If you live in a mobile home or houseboat but have nowhere to keep it, you are legally homeless. You can therefore make a homeless application to the council, who may have a duty to offer you:

  • help and advice to find somewhere else to live or keep your mobile home, and
  • depending on your circumstances, somewhere to stay, if necessary (temporary accommodation).

Phone an adviser

If you have a housing problem, call our expert housing advice helpline
0345 075 5005

Email an adviser

If you have a non-urgent problem and would like to speak to an advisor
email us

Page last updated: Oct 17, 2016 @ 5:47 pm

This page was last updated on: October 17, 2016

Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.