td ph

Print option

ph digital

It’s cookery corner time! What’s your favourite winter fare?





The pitch fee reviews explained

legalPitch fee reviews can often be a bone of contention between residents and park site owners. Cassandra Zanelli, a partner at PM Legal Services, and Ibraheem Dulmeer, a solicitor at the Leasehold Advisory Service (LEASE) explain how you can avoid running into problems and disputes

A pitch agreement or written statement is essentially a contract that sets out a number of obligations and responsibilities between a site owner and a park home resident. The terms of this agreement state the amount of the pitch fee and when it is to be paid to the site owner. If the pitch fee includes utilities, this should be outlined clearly in the agreement.  

Is there a certain way a pitch fee review has to be undertaken?
Since 26 July 2013, the Government introduced a prescribed procedure that a site owner must follow in order to increase a pitch fee. Changes can only be made by:

1. The site owner serving a notice to inform the park home resident of the change/increase (commonly referred to as the pitch fee review notice); and
2. The site owner simultaneously serving a pitch fee review form.

The pitch fee review notice and pitch fee review form must be served together.

Read more...

Supreme Court case on terminating a park home agreement

leaseFollowing an important Supreme Court judgment, Aimee Hutchinson, from Blacks Solicitors and Ibraheem Dulmeer, a solicitor at Leasehold Advisory Services, examine the possible implications for site owners and residents

The Supreme Court case of Telchadder –v- Wickland Holdings Limited [2014] provided important guidance on the steps site owners should take before issuing court proceedings against a resident to gain possession of a pitch.

The main point to be taken from this case is that a site owner should serve a notice upon a resident where there is a breach of the Written Statement and/or Pitch Agreement. That notice should, where possible, provide the resident with a reasonable time in which to remedy the breach.

Read more...

How does the legislation relate to residential, holiday and mixed-use sites?

leaseWhat rights and protections do park home residents have on sites with residential, holiday and mixed-used licences under the current legislation? What responsibilities do park site owners have? Rawdon Crozier, a barrister from KBG Chambers, in Plymouth, Truro and Exeter, and the Leasehold Advisory Service’s Ibraheem Dulmeer discuss

Home owners and park owners are sometimes unclear as to whether a unit is protected under the mobile homes legislation. This protection depends on whether the site is a residential, holiday or mixed use site. We examine the differences between these types of sites and the rights of home owners.

Residential sites
The Mobile Homes Act 1983 gives a number of rights and protections to park home owners who occupy the home as their own or main residence if it is situated on a protected site. This is a site where there are no restrictions concerning the site licence or planning permission. In this situation, the home owner will have the protection of     the Act.

Holiday sites
Where the planning permission permits only holiday use or restricts occupation for a specified period - e.g. 11 months of the year - the occupiers will not be protected by the Mobile Homes Act 1983. This means that they do not have rights provided by the legislation. For example, the right for a home owner to receive a Written Statement. The site owner is still required to obtain a site licence by applying to the local authority (Section 3 of Caravan Sites and Control of Development Act 1960).

Read more...

Dealing with harassment

legalThe Leasehold Advisory Service‘s Anna Tomasik and Richard Hand examine the issue of harassment and explain what you can do if you believe you are a victim

Park home owners who live on a protected site and have a residential contract with the site owner are protected against harassment by law. Harassment is defined as an action that interferes, or is likely to interfere, with the peace or comfort of the occupier. It can also be the withdrawal of services or facilities reasonably required for the occupation of a park home. In addition, the site owner must be carrying out these actions with the knowledge that they would cause the occupier to abandon the park home, remove it from the site, or to refrain from exercising any right.

In order to take action against harassment, the behaviour complained about must qualify as harassment, which means it must interfere with the rights of the park home owner. These rights are contained in the agreement with the site owner and implied by statute.

Read more...

Frequently asked questions...

auglegal

The Leasehold Advisory Service (LEASE) answers questions on a variety of topics by telephone, email or letter for park home owners, site owners and other parties with an interest in park home legislation for both England and Wales. LEASE’s Ibraheem Dulmeer and Richard Hand work through a selection of some of the most frequently asked questions

Q: I enjoy keeping abreast of the latest First-tier Tribunal (FTT) and/or Residential Property Tribunal (in Wales) (RPT) determinations. Are they binding on other sites?

Although it may be a good idea to look at Tribunal decisions over coffee on a Sunday morning, they are not binding on other tribunal cases affecting different sites, though may be cited in support of a case. However, Upper Tribunal decisions (and those of the Court of Appeal and Supreme Court) are binding on the FTT/RPT.

The decisions are published online. The FTT decisions are available here:
http://www.residential-property.judiciary.gov.uk/search/decision_search.jsp ;

RPT  Welsh decisions can be found here:
http://rpt.gov.wales/decisions-index/?lang=en

Finally, Upper Tribunal decisions are available at: http://landschamber.decisions.tribunals.gov.uk//Aspx/default.aspx

Read more...

A summary of the Mobile Homes (Wales) Act 2013

julylegal

Some important changes to the legislation relating to Welsh park home sites was introduced in 2013. The Leasehold Advisory Service’s Richard Hand and Ibraheem Dulmeer explore the main issues

LEASE provides legal advice to park home owners, site owners and local authorities on park homes law in England and Wales. This article examines some of the main features of the Mobile Homes (Wales) Act 2013 (“the Act”) and the increased protection it provides for home owners in Wales.

When did the Act come into effect?

All sections of the Act came into force on 1 October 2014 and apply to all residential parks in Wales.

Licensing

A site licence is required if the owner is using land as a regulated site. Operating without a licence is an offence and an unlimited fine may be imposed by a court.

Regulated sites

The licensing provisions apply to regulated sites. A regulated site must have at least one mobile home stationed on it for the purposes of human habitation, apart from holiday sites. Schedule 1 to the Act also lists the types of site that are not regulated. These include sites owned by the local authority.

Read more...