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Should park home residents have to pay monthly council tax as well as plot fees?





Admin charges on utility costs: key legal issues

LegalRawdon Crozier, a barrister from KBG Chambers, in Plymouth, Truro and Exeter, and the Leasehold Advisory Service’s Ibraheem Dulmeer discuss a recent Court of Appeal decision on recovering administrative charges on utility costs

This decision looked at whether park home owners were liable for the site owners’ costs of providing utilities.

In Greenwood and another v P R Hardman & Partners [2017] EWCA Civ 52, the Court of Appeal considered the extent to which park home owners are liable to pay the site owners’ actual or notional costs of administering and maintaining the utilities in addition to the actual charges for such services.

It was held that the liability to make such a contribution was governed by the terms of the written statement ( as required by the Mobile Home Act 1983 (the Act) and that, as it was highly improbable that such a written statement would include provision for the recovery as “charges”, of either:

(1) costs and expenses incurred by the owners themselves; or

(2) remuneration for the owners for work carried out by them,  such liability could only arise as part of the pitch fee.

The facts
The site in question, Shortferry Caravan Park, was owned by, Hardman, the Appellant site owner. It was a mixed used site comprising holiday and residential homes and touring pitches and was a protected site for the purposes of the Act. In relation to the residential pitches, each was provided with a supply of LPG piped from a bulk tank, filled by an independent supplier whose charges, including the cost of renting the tank were met by Hardman.


Info Point

Rawdon Crozier is a barrister and mediator practising from
KBG Chambers:
T: 0845 308 155
E: clerks@kbgchambers.co.uk
W: www.kbgchambers.co.uk

Ibraheem Dulmeer is a solicitor with the Leasehold Advisory
Service (LEASE).

LEASE provides free information and advice to owners of park homes, site owners, local authority officers and anyone else with a question about park homes law. If you would like LEASE to advise a group of residents on your site, please contact on 020 7832 2525 or email parkhomes@lease-advice.org. Phone lines are open Monday to Friday from 9am to 5pm.

This article is not meant to describe or give a full interpretation of the law; only courts or tribunals can do that. If you are in any doubt about your rights and duties then seek specific advice. The law discussed in this article pertains to the English and Welsh jurisdiction only. The law stated in this article is accurate as of 22 December 2017.


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To read more about this issue read the February 2018 issue of Park Homes and Holiday Caravan

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