There are quite a number of new provisions, and site managers should make themselves fully aware of these and seek legal advice in the event of any challenge to a council’s position.

“One of the key changes is that prospective occupiers of a site must be given a written statement setting out the express and implied terms of an agreement, not less than 28 days before the agreement is entered into. Terms not contained in this written statement are now not enforceable without a court order,” said Mr Knight.

Another potential pitfall is that if a council fails to supply its name and service address to occupiers, the pitch fee will not be due until the information has been provided.

The legislation also gives residents a new right to apply to the Residential Property Tribunal to vary or delete any express term in the agreement within six months of the agreement being entered into.

Some changes in the legislation bring the rights and obligations of site occupiers more in line with those of tenants in council properties. One example is the right of succession.

Widows, widowers, civil partners, co-habitants and other family members who live with an occupier, now have the right to inherit a pitch agreement upon that occupier’s death. There are also more limited rights of succession for those who inherit a caravan upon the death of the occupier by will or under the intestacy rules, and who don’t fall into the categories previously mentioned.

Councils will also find that their grounds for terminating an agreement are more limited and must be approved by a court.

The right to overpayment recovery has now been implemented as has the right to “quiet enjoyment” of the pitch, and the rules governing a council’s right of entry have also been limited in certain circumstances.

Pitch fee increases and reviews have also come more in line with the regimes that govern the level of service charges for rented residential accommodation.

 Similarly, occupiers are to be encouraged to form “qualifying residents’ associations” and, where they exist, councils are obliged to consult with them. It will probably be much easier to manage a gypsy and traveller site if such an association is in place because the council will be able to bargain collectively with the occupiers rather than with each occupier individually.

“There can be no doubt that these new rules, of which only a few have been mentioned here, will drastically change the way local authority gypsy and traveller sites are managed. Site management teams need to be very much abreast of these changes to avoid the prospect of challenges to their ability to enforce their licence agreements from now on,” said Mr Knight.