mobile home fees
📖 What is mobile home fees? Meaning and definition
Mobile home fees, often referred to as pitch fees, are a fundamental aspect of mobile home ownership in the UK. These fees are paid by the mobile home occupier to the site owner for the use of the 'pitch' – the land on which their mobile home is situated. The fees cover the cost of the land itself and often contribute to the maintenance and services provided by the site owner.
The amount of the pitch fee is subject to review, and site owners typically propose increases. These increases are often linked to economic indicators such as the Retail Prices Index (RPI), as seen in the provided cases where increases were proposed 'in line with the Retail Prices Index' or by a specific percentage representing the 'annual increase in the Retail Prices Index'. Occupiers have the right to object to proposed increases.
When an occupier objects to a proposed pitch fee increase, or when the site owner seeks a determination, the matter can be brought before the First-tier Tribunal (Property Chamber). The Tribunal's role is to review the proposed fee and make a determination on the new level of the pitch fee, taking into account relevant factors and objections raised by occupiers. This process ensures fairness and adherence to the legal framework governing mobile home sites.
The Mobile Homes Act 1983 (as amended) provides the legal framework for these reviews and determinations. The Tribunal's decision sets the new pitch fee, which then becomes payable by the occupier. The process involves formal notices, applications to the Tribunal, and potentially hearings where evidence and arguments are presented.
📋 Requirements
- A mobile home occupier must be paying a pitch fee to a site owner.
- The site owner must serve a Pitch Fee Review Notice proposing an increase.
- The proposed increase is often justified by an adjustment in line with the Retail Prices Index (RPI).
- Occupiers must raise objections to the proposed increase for the Tribunal to consider them.
📝 Procedure
- The site owner serves a Pitch Fee Review Notice on occupiers, proposing a new pitch fee.
- Occupiers can raise objections to the proposed fee.
- If objections are received or a determination is sought, an application is made to the First-tier Tribunal (Property Chamber).
- The Tribunal issues directions for the parties to comply with preparatory to a determination.
- The Tribunal reviews the application and objections, potentially holding a hearing.
- The Tribunal makes a decision, determining the new level of the pitch fee.
💡 Examples
- A site owner sends a notice to all mobile home residents, stating that their annual pitch fee will increase by 7.8% from May 2022, reflecting the rise in the Retail Prices Index.
- A mobile home occupier receives a pitch fee review notice proposing an increase, but they object because they believe the site owner has not maintained the common areas adequately.
- Following objections from several residents, the First-tier Tribunal determines a new pitch fee for a mobile home plot, setting it at £1769.64 per year.
- A site owner applies to the Tribunal for a determination of new pitch fees for several plots after serving notices, and the Tribunal sets the new levels after considering the lack of objections from some residents.
📚 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 a mobile home owner makes to the site owner for the right to keep their mobile home on a specific plot of land within the mobile home park.
How are mobile home pitch fees typically increased?
Pitch fees are often increased annually, with the proposed increase frequently linked to the Retail Prices Index (RPI) or a similar economic measure, as outlined in a Pitch Fee Review Notice from the site owner.
What happens if I object to a mobile home pitch fee increase?
If you object to a proposed pitch fee increase, the site owner or you can apply to the First-tier Tribunal (Property Chamber) for a determination of the new fee, which will then review the matter.
What is the role of the First-tier Tribunal in mobile home fees?
The First-tier Tribunal (Property Chamber) is responsible for reviewing applications and objections related to mobile home pitch fees and making a binding determination on the new level of the fee.
What law governs mobile home pitch fees in the UK?
The legal framework for mobile home pitch fees and their review is primarily set out in the Mobile Homes Act 1983 (as amended).
Can a mobile home pitch fee increase be challenged?
Yes, a mobile home pitch fee increase can be challenged by raising objections to the site owner's proposal, which can then lead to a determination by the First-tier Tribunal.