Getting a written statement on a mobile home site
The site owner must give you a written statement of the agreement for your pitch.
This is a contract between you and the site owner. It sets out what you each are responsible for and what rights you each have.
The site owner must give you a copy of the written statement at least 28 days before the agreement starts. The only exception is if you agree in writing to get it at a different date.
Written statement contents
A written statement should include:
- your name and address
- the site owner's name and address
- a description of the land your 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 site owner agree to include
Implied terms
Check the full list of implied terms.
Express terms
The site owner 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
- when the fees are due
- the date on which the fees will be reviewed – this should be annually
- fees for other services, such as gas and electricity, if these are not already included in the pitch fee
- the site owner’s responsibilities for maintaining and repairing the pitch and site
- your responsibilities for maintaining and repairing your mobile home
If you want to change or remove any express terms
You can apply to the sheriff court to change or remove an express term. You 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 later
You can also apply to resolve a dispute about express terms through arbitration. You and the site owner must both agree to this in writing.
Express terms that cannot be legally enforced
The site owner cannot legally enforce any express terms in a written statement that they gave to you:
- within 28 days of the agreement starting
- after the agreed date, if you agreed in writing to a different date
They also cannot enforce any express terms that are not included in the written statement.
If you do not get a written statement
If you do not get the written statement within 28 days or by the agreed date, you can apply to the sheriff court. The court can order the site owner to give you a written statement.
If you break the terms of the written statement
The site owner can take legal action against you in court.
The court can order you to carry out repairs to your home or pay unpaid pitch fees.
The court can also take away your right to keep your home on the site if:
- you do not follow the written statement
- you do not live there as your only or main home
- your home is in such bad condition that it’s affecting the site
- you do not pay the pitch fees
Check what you can do if you have a dispute with the site owner.
More information
All requirements for a written statement come from legislation.
You can find a copy of a written statement in the Mobile Homes (Written Statement) (Scotland) Regulations 2013 on legislation.gov.uk.