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Six of the best!

junelegal1There are some park home-related legal questions that keep cropping up. Ibraheem Dulmeer, of the Leasehold Advisory Service (LEASE), asks Cassandra Zanelli, of solicitors Taylor & Emmet LLP to unravel six of the most common of them

The Leasehold Advisory Service (LEASE) provides a free telephone helpline for anyone with queries about the laws relating to fully residential park homes in England.

To make it easier to find the information you need, we have asked property management expert, Cassandra Zanelli, a partner at Sheffield solicitors, Taylor & Emmet LLP, to address six of the most frequently asked questions. Read on to find out more...
 
Q: Is the Retail Prices Index (RPI) used in the pitch fee review process? I understand the figure is no longer ‘official’.
A: In March 2013, the Office of National Statistics (ONS) decided the RPI figure was no longer a ‘national statistic.’ However, they still publish it on a monthly basis and it is still used in the pitch fee review process in England. You can find the latest figures on the ONS website.

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The new licensing laws... explained!

The new licensing laws ...explained!New licensing laws for park home sites came into force two years back, causing confusion in some quarters. Solicitor Kirstie Apps, of Stephens Scown, and Ibraheem Dulmeer, from the Leasehold Advisory Service (LEASE) explain the legislation and how things have changed

In order to run a site with homes that are for year-round residential use (park homes) there is a requirement for relevant planning permission and for a site licence from the local authority.

The Mobile Homes Act 2013 has made significant changes to the park homes world. In addition to amending the terms implied into all agreements to which the Mobile Homes Act 1983 (as amended) applies, it has updated the legislation which was introduced in 1960 to deal with, among other things, the enforcement of site licence conditions on what is now defined as relevant protected sites.

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A helping hand

april legalWe speak to Ibraheem Dulmeer at LEASE, an independent organisation that advises park home residents and park owners on the latest rules and regulations, following the introduction of 2013 Mobile Homes Act. Ibraheem explains how the organisation is using new technology to help people

With a raft of changes affecting both park home owners and site owners following the introduction of the 2013 Mobile Homes Act, the Government has funded LEASE; initially set up to advise on residential leasehold issues and to offer free advice on park homes legislation to the park home community. Since May 2013, LEASE has been doing just that.

LEASE is independent and advises park home owners and site owners, as well as local authorities on the legislation and the latest regulations.

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Dangerous trees on residential park home sites

march legalWho is responsible for the maintenance and, where necessary, the removal of dangerous trees on mobile home estates? Nicholas Dyson and Aimee Hutchinson, from Blacks Solicitors, and Ibraheem Dulmeer, The Leasehold Advisory Services’ legal advisor delve into this often problematic issue, examining an illuminating tribunal decision

Trees can be contentious matters for park home owners and site owners. This article considers a Tribunal decision that dealt with a dangerous tree on a pitch.

The First-tier Tribunal in the matter of Ronald J Turner v J J Cooper* determined that it is the site owner’s responsibility to undertake the removal of a tree within the boundaries of the pitch of a park home owner.

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Pitch fee reviews explained

feb legalPitch fee reviews can often be a bone of contention between residents and park site owners. Cassandra Zanelli, a partner at Taylor & Emmet, and Ibraheem Dulmeer, a legal advisor at LEASE explain how you can avoid running into problems and disputes

A pitch agreement is a contract which 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.

In some instances the pitch fee includes utilities but where this is the case, it should be outlined clearly in the pitch agreement.

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The tribunal and park home matters

web9Resolving a dispute with your park owner can seem stressful and daunting. Crosse + Crosse Solicitors’ Tim Selley and The Leasehold Advisory Service’s Ibraheem Dulmeer address some of the issues surrounding tribunals

Going to court is often a very stressful and daunting experience. The park homes lifestyle centres on a peaceful lifestyle, so litigation is probably the last thing one wants. This article will attempt to address some of the concerns with Tribunal action. One effect of this is that both buyers and sellers of park homes now have much more responsibility to ensure that the transaction is completed properly. If any mistakes are made this could lead to the assignment of the agreement being unlawful, and to costly disputes between the parties.

What is the First-tier Tribunal (Property Chamber)?

The First-Tier Tribunal (Property Chamber) (“Tribunal”), formally known as the Residential Property Tribunal took over hearing almost all park/mobile home proceedings on 30th April 2011. Before 30th April 2011, the appropriate place for hearing matters was the County Courts. The County Court still deals with cases where the issue is over possession (termination of home owner agreements).

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