header-logo header-logo

12 May 2011 / John De Waal KC , Andy Creer
Issue: 7465 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Mobile restrictions

Andy Creer & John de Waal consider the effect of the decision in Murphy v Wyatt

In a characteristically clear and illuminating judgment in the case of Murphy v Wyatt [2011] EWCA Civ 408, [2011] All ER (D) 112 (Apr) Lord Neuberger, the Master of the Rolls, has defined the parameters of the protection given by the Mobile Homes Act 1983 (MoHA 1983) to occupiers of caravans and mobile homes.

The two key questions which were the focus of the appeal were:

(i) Can someone who with their landlord’s agreement brings a mobile home onto land let to them for another purpose gain the protection of MoHA 1983?  The answer given by the Court of Appeal was “No”.

(ii) Can MoHA 1983 apply to a letting of land that was more than just the pitch on which the mobile home was sited? The answer was again “No”.

Factual background

The appeal was from a decision in the Central London County Court in which the respondent/claimant landlord, Diane Murphy, sought possession

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll