mobile home
📖 What is mobile home? Meaning and definition
In the UK, a mobile home is a type of residential property, often found in dedicated parks or sites. Although termed 'mobile', the case excerpts indicate these are frequently 'static mobile homes', suggesting they are intended for long-term or permanent residence rather than frequent relocation. The relationship between the mobile home occupier and the park owner is governed by specific legal frameworks, notably the Mobile Homes Act 1983 (as amended).
The primary financial obligation for an occupier of a mobile home is the 'pitch fee'. This is a regular payment made to the site owner for the right to keep their home on the pitch. The excerpts show that tribunals frequently review these pitch fees, determining if proposed increases are reasonable, often considering factors like the Retail Prices Index (RPI) or other indices.
Disputes often arise when site owners propose increases to the pitch fee or seek to include additional charges, such as licence fees payable to local councils. The First-tier Tribunal (Property Chamber) (Residential Property) is the body responsible for hearing applications to review these fees and make determinations on their reasonableness, ensuring fairness for both site owners and occupiers. This process provides a mechanism for self-represented litigants to challenge or seek approval for pitch fee adjustments.
📋 Requirements
- The mobile home is situated on a park or site.
- There is an occupier who pays a 'pitch fee' to the site owner.
- The arrangement is subject to a written statement, as seen in one case commencing in 2016.
- The Mobile Homes Act 1983 (as amended) governs the review of pitch fees.
📝 Procedure
- The site owner serves a Pitch Fee Review Notice on the occupier, proposing an increase.
- An application is made to the First-tier Tribunal (Property Chamber) (Residential Property) for a determination of the pitch fee.
- The Tribunal reviews the proposed increase, considering its reasonableness and factors like the Retail Prices Index (RPI).
- The Tribunal issues a decision, determining the new pitch fee and its effective date.
💡 Examples
- A site owner proposes to increase the monthly pitch fee for a static mobile home from £200 to £210, citing an adjustment in line with the Retail Prices Index.
- An occupier of a mobile home challenges a proposed pitch fee increase, leading the First-tier Tribunal to determine the reasonable monthly fee and whether a council licence fee can be included.
- The Tribunal decides on multiple applications from a park owner to adjust pitch fees for different mobile homes on their site, setting new monthly fees for specific dates.
- A park owner applies to the Tribunal to have a fee of £1.30 per month, payable by the resident towards the local council licence fee, determined as reasonable.
📚 Legal basis
- Mobile Homes Act 1983 (as amended)
❓ Frequently asked questions
What is a pitch fee for a mobile home?
A pitch fee is the regular payment made by the mobile home occupier to the site owner for the right to keep their home on a specific plot of land within the park. It covers the use of the pitch and often contributes to the maintenance of the park's common areas.
Can a site owner increase my mobile home pitch fee?
Yes, site owners can propose to increase pitch fees. However, these increases must be reasonable and are often linked to indices like the Retail Prices Index (RPI). If you disagree with a proposed increase, you can apply to the First-tier Tribunal for a review.
What is the Mobile Homes Act 1983?
The Mobile Homes Act 1983 (as amended) is the key legislation that governs the relationship between mobile home occupiers and site owners in the UK. It sets out rights and responsibilities, particularly regarding pitch fees and the terms of occupation.
What happens if I don't agree with a pitch fee increase?
If you don't agree with a proposed pitch fee increase, you can challenge it by making an application to the First-tier Tribunal (Property Chamber) (Residential Property). The Tribunal will then determine whether the proposed increase is reasonable.
Can other fees be included in the pitch fee?
Yes, other fees, such as a contribution towards a local council licence fee, can sometimes be included in the pitch fee. The Tribunal can determine if such additional fees are reasonable and should be payable by the occupier.
Who decides if a pitch fee increase is reasonable?
The First-tier Tribunal (Property Chamber) (Residential Property) is the body that determines whether a proposed increase in a mobile home pitch fee is reasonable, considering all relevant circumstances presented by both the site owner and the occupier.