New Judgment: Telchadder v Wickland Holdings Ltd  UKSC 57
05 Wednesday Nov 2014
On appeal from:  EWCA Civ 635.
Considered the circumstances in which a site owner could terminate an occupier’s licence under the Mobile Homes Act 1983. The Supreme Court unanimously allowed the appeal against the order to terminate the claimant’s licence. Whilst the Mobile Homes Act 1975, s 3(g) provided for “the right of the owner to determine the agreement for breach of an undertaking, subject to the requirement, in the case of a breach which is capable of being remedied, that he has served written notice of the breach upon the occupier and has given the occupier a reasonable opportunity of remedying it” – in the 1983 Act any such clarification that the notice and reasonable time requirements only apply to remediable breaches was omitted.
Held: inter alia, the notice requirement in the 1983 Act applies only to a breach that is remediable; it would be nonsensical to require service of a notice to remedy a breach which is incapable of remedy.