Source: All England Reporter
Publisher Citation: [2012] All ER (D) 51 (Jun)
Neutral Citation: [2012] EWCA Civ 635
Court: Court of Appeal, Civil Division
Judge:

Mummery, Black LJJ and Dame Janet Smith
Representation Stephen Goodfellow (instructed by Asher Prior Bates) for the claimant.
  Lindsay Johnson (instructed by Fisher Jones Greenwood LLP) for the defendant.
Judgment Dates: 16 May 2012

Catchwords

Mobile home - Agreement to occupy mobile home residential site - Claimant granting licence for defendant to place mobile home on site - Agreement incorporating owner's right to terminate for breach of agreement - Defendant carrying out anti-social activities - Claimant serving letter on defendant warning of effects of continuing anti-social behaviour - Claimant seeking order for termination of agreement - Defendant suffering mental illness - Defendant claiming no effective notice served by claimant - Defendant submitting termination amounting to disability discrimination and breach of human rights - Judge finding effective notice served and reasonable to terminate agreement - Defendant appealing - Whether judge erring - , European Convention on Human Rights, arts 1, 8.

The Case

Mobile home Agreement to occupy mobile home residential site. The Court of Appeal, Civil Division, held that a judge had been correct to find that a letter sent to the defendant had amounted to a notice that met the requirements of para4 of Sch1 to the and that in the circumstances, it had been reasonable to terminate an agreement for the defendant to site his mobile home on the claimant's mobile home residential site.

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