Residents' Association Granted Qualification Under Mobile Homes Act

OUTCOME: Allowed

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Case Reference

:

BIR/31UB/PHK/2024/0001

Property : [ADDRESS] [POSTCODE]

Applicant: [redacted] : [COUNSEL]

Respondent: [redacted] : An Application under paragraph 28 (1) (h) of Chapter 2 of Schedule 1 to the Mobile Homes Act 1983

Tribunal Member : [NAME]

Date of Decision : 17th of April 2024

__________________________________________________________

DECISION _____________________________________________________

FIRST - TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY)

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BACKGROUND

1. By an application received on 27 February 2024, the Applicant, Castlewood Residents’ [APPELLANT], applied for recognition by the Tribunal as a qualifying residents’ [APPELLANT]. Such recognition confers upon the residents’ [APPELLANT] the consultation rights provided to such associations by Paragraph 22 (f) of the implied terms set out at Chapter 2 of Schedule 1 to the Mobile Homes Act 1983 (as amended).

2. By way of Directions issued on 4 March 2024, the Respondent was invited to advise the Tribunal within 14 days if the application was opposed and on what grounds.

3. On 6 March 2024, the Respondent replied as follows:

I confirm my acknowledgement of [APPELLANT] as a [APPELLANT] in accordance with the current Mobile Homes Act.

The Law

4. Paragraph 28 (1) of the Mobile Homes Act 1983 sets out the requirements to be met by an [APPELLANT].

28(1) A residents’ [APPELLANT] is a qualifying [APPELLANT] in relation to a protected site if –

(a) it is an [APPELLANT] representing the occupiers of mobile homes on that site;

(b) at least 50% of the occupiers of the mobile homes on that site are members of the [APPELLANT];

(c) it is independent from the owner, who together with any agent or employee of his is excluded from membership;

(d) subject to paragraph (c) above, membership is open to all occupiers who own a mobile home on that site;

(e) it maintains a list of members which is open to public inspection together with the rules and constitution of the residents’ [APPELLANT];

(f) it has a chairman, secretary and treasurer who are elected by and from among the members;

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(g) with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and

(h) the owner has acknowledged in writing to the secretary that the [APPELLANT] is a qualifying residents’ [APPELLANT] or, in default if this, the Tribunal has so ordered.

Determination

5. Following a further review of the information supplied, and in the absence of an objection by the Respondent Site Owner, the Tribunal considers that the Applicant has met the requirements of Paragraph 28 (1) of the Mobile Homes Act 1983 and accordingly finds that [APPELLANT] should be afforded qualifying residents’ [APPELLANT] status under the Mobile Homes Act 1983.

Appeal

6. Any appeal against this decision must be made to the Upper Tribunal (Lands Chamber). Prior to making such an appeal an aggrieved party must apply in writing to the First-tier Tribunal for permission to appeal within 28 days of the date specified below stating the grounds on which that party intends to rely in the appeal. Further information is contained within Part 6 of The Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013 (S.I. 2013 No. 1169).

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First tier Tribunal ([NAME]) Residential Property CERTIFICATE OF RECOGNITION An application from [APPELLANT] for a Certificate of Recognition under the provisions of paragraph 28 of Chapter 2 of Schedule 1 to the Mobile Homes Act 1983 has been considered by: [NAME] who is a person appointed under the Act to the panel of persons to act as members of the First Tier Tribunal [NAME] for the Midlands area

This is to certify that [APPELLANT] is a recognised Residents’ [APPELLANT] for the purpose of the aforementioned section. The Certificate will be valid for a period of four years commencing 9 April 2024 [NAME]

9 April 2024