Giving a written statement to a mobile home site resident

You must give each resident a written statement for their pitch.

This is a contract between you and the resident. It sets out what you’re each responsible for and what rights you each have.

You must give a resident a copy of the written statement at least 28 days before the agreement starts. The only exception is if they agree in writing to getting it on a different date.

Written statement contents

A written statement should include:

• your name and address
• the resident’s name and address
• a description of the land their mobile home can be stationed on, so you can both identify it
• the ‘implied terms’ – terms from legislation that cannot be changed
• the ‘express terms’ – terms that you and the resident agree to include

Implied terms

Check the full list of implied terms.

Express terms

You can put express terms in the written statement, as long as they do not conflict with the implied terms.

Express terms can include things like:

• pitch fees
• fees for any other services, such as gas and electricity, if these are not already included in the pitch fee
• when the fees are due
• the date on which the fees will be reviewed – this should be annually
• your responsibilities for maintaining and repairing the pitch and site
• the resident’s responsibilities for maintaining and repairing their mobile home

If a resident wants to change or remove an express term

A resident can apply to the sheriff court to change or remove an express term. They must do this either:

• within 6 months of the start of the agreement
• within 6 months of the date the agreement was provided, if it was provided late

They can also apply to resolve a dispute about express terms through arbitration. You and the resident must both agree to this in writing.

Express terms that you cannot legally enforce

You cannot legally enforce any express terms in a written statement that you gave to a resident:

• within 28 days of the agreement starting
• after the agreed date, if the resident agreed in writing to a different date

You also cannot enforce any express terms that are not included in the written statement.

If you do not give residents a written statement

If you do not provide the written statement within 28 days or by the agreed date a resident can apply to the sheriff court.

The court can order you to give them a written statement.

More information

All requirements for a written statement come from legislation.

You can find a copy of the written statement in the Mobile Homes (Written Statement) (Scotland) Regulations 2013 on legislation.gov.uk.