mobile home parks
📖 What is mobile home parks? Meaning and definition
Mobile home parks are specific locations designed for the placement of mobile homes. Residents in these parks often pay pitch fees, which can be subject to review by a Tribunal, as seen in cases involving the Mobile Homes Act 1983. The level of services provided by the park owners is a key factor in determining these fees. For instance, services might include the presence of a resident warden, general maintenance like grass cutting and weed killing, and the availability of staff to assist residents with problems.
Issues can arise when residents perceive a reduction in the services they receive. For example, if a resident warden position becomes vacant or if the frequency of maintenance tasks decreases, residents may argue that this constitutes an actual reduction in services. Such reductions can lead to disputes and applications to a Tribunal to review the pitch fees, potentially resulting in a reduction if the Tribunal agrees that services have diminished.
The Tribunal's role is to assess the evidence presented by both the park owners (Applicants) and the residents (Respondents) regarding the provision of services. This can involve comparing current service levels with those from previous years, and residents might support their claims with evidence such as photographs. The Tribunal will then make a decision on the appropriate pitch fee, taking into account any changes in service provision.
Maintenance at mobile home parks typically includes basic upkeep of common areas, such as grass cutting, weed killing on roadside verges, and general cleaning. The number of staff engaged in these tasks and their presence on site can be important considerations when evaluating the overall level of maintenance provided.
📋 Requirements
- A mobile home is situated on a pitch within the park.
- Services are provided by the park owners to the residents.
- Pitch fees are paid by the residents for the use of the pitch and services.
- A dispute or application for review of pitch fees has been made to a Tribunal.
📝 Procedure
- Residents identify a perceived reduction in services provided by the park owners.
- Residents gather evidence, such as photographs, to support their claims of reduced services.
- An application is made to the First-tier Tribunal (Property Chamber) for a review of pitch fees.
- The Tribunal considers evidence from both the park owners and residents regarding service provision.
- The Tribunal makes a decision on the appropriate pitch fee, potentially adjusting it based on service levels.
💡 Examples
- A resident applied to the Tribunal because the mobile home park stopped employing a resident warden, leading to a lack of assistance for problems.
- Residents provided photographs to the Tribunal to demonstrate that the maintenance, such as grass cutting and weed killing, had become 'fairly minimal' compared to previous years.
- The Tribunal reviewed pitch fees after residents argued that the office, previously staffed on most weekdays, was no longer manned, representing a reduction in services.
- A Tribunal corrected a decision where an incorrect index figure was used to calculate pitch fees, highlighting the precision required in such reviews.
📚 Legal basis
- Mobile Homes Act 1983 (as amended)
- The Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013
❓ Frequently asked questions
What kind of services are typically provided in mobile home parks?
Services can include maintenance like grass cutting, weed killing, general cleaning, and sometimes the provision of a resident warden or staffed office for resident assistance.
Can pitch fees in mobile home parks be changed?
Yes, pitch fees can be reviewed, and residents can apply to a Tribunal if they believe there has been a reduction in services that should lead to a fee adjustment.
What happens if the services in a mobile home park decline?
If services decline, residents may argue that this constitutes an actual reduction in services and can apply to the First-tier Tribunal to have their pitch fees reviewed, potentially leading to a reduction.
How can residents prove a reduction in services?
Residents can support their claims with evidence such as photographs, comparing current service provision with that of previous years, and detailing specific instances of reduced maintenance or staff presence.
What is the role of the Tribunal in disputes over mobile home park services?
The Tribunal's role is to hear evidence from both park owners and residents regarding service levels and to determine if a reduction in services warrants an adjustment to the pitch fees.
Are there specific laws governing mobile home parks?
Yes, the Mobile Homes Act 1983 (as amended) is specifically mentioned in Tribunal decisions as the basis for reviewing pitch fees in mobile home parks.