mobile homes act
📖 What is mobile homes act? Meaning and definition
The Mobile Homes Act 1983, often referred to as 'the Implied Terms' in its Schedule 1, governs the relationship between owners of mobile home parks and the individuals who reside in mobile homes on those pitches. It sets out the framework for various aspects of this tenancy, including how pitch fees are determined and reviewed.
In practice, the Act is frequently invoked when there is a dispute over pitch fees. Site owners may propose an increase in pitch fees, often in line with inflation indices like the Retail Price Index (RPI) or Consumer Prices Index (CPI). If residents do not agree to the proposed increase, either party can apply to a tribunal for a determination of the correct pitch fee.
The Act also specifies that pitch fees can generally be reviewed not more often than once a year. Agreements between site owners and residents often include a 'Written Statement' which details the pitch fee and its annual review date. The tribunal can also determine if residents have implicitly agreed to an increased pitch fee through their conduct, such as by making payments at the new rate.
Overall, the Mobile Homes Act 1983 provides a legal structure for resolving disagreements and ensuring fairness in the financial arrangements between mobile home site owners and their residents in the UK.
📋 Requirements
- An agreement exists between a mobile home site owner and a resident.
- The agreement includes provisions for pitch fees.
- There is a proposed increase in pitch fees by the site owner.
- The pitch fee review occurs not more often than once a year.
- A 'Written Statement' detailing the pitch fee and review date is typically in place.
📝 Procedure
- Site owner serves a Pitch Fee Review Notice on residents, proposing an increase.
- Residents may or may not agree to the proposed increase.
- If residents do not agree, they continue to pay the previous pitch fee.
- Site owner applies to the tribunal for a determination of the disputed pitch fee.
- The tribunal reviews the application and makes a decision on the pitch fee.
💡 Examples
- A site owner applied to the tribunal for a determination of pitch fees after residents disputed an increase based on the Retail Price Index.
- Residents were deemed to have agreed to an increased pitch fee under the Act because they started paying the new, higher amount.
- The tribunal consolidated 27 separate applications from a site owner regarding pitch fee increases for different mobile home residents.
- A notice of increase in pitch fees, served under the Act, proposed an adjustment in line with the Consumer Prices Index.
📚 Legal basis
- Mobile Homes Act 1983 (as amended)
❓ Frequently asked questions
What is a 'pitch fee' under the Mobile Homes Act?
A pitch fee is the amount of money a mobile home resident pays to the site owner for the right to station their mobile home on a pitch and use the site's facilities. The Act regulates how these fees are set and reviewed.
How often can my pitch fee be increased?
Under the Mobile Homes Act 1983, pitch fees can generally be reviewed not more often than once a year. Your Written Statement should specify the annual review date.
What happens if I don't agree with a pitch fee increase?
If you do not agree with a proposed pitch fee increase, you can continue to pay the previous amount. The site owner may then apply to a tribunal for a determination of the disputed pitch fee.
Can a tribunal force me to pay an increased pitch fee?
Yes, if a tribunal determines that the increased pitch fee is valid under the provisions of the Mobile Homes Act 1983, they can order you to pay it, including any arrears.
Does the Mobile Homes Act cover all aspects of living in a mobile home?
The Act primarily regulates the agreement between site owners and residents, especially concerning pitch fees and their review. It includes 'Implied Terms' that govern these aspects of the relationship.
What is a 'Written Statement' in relation to the Mobile Homes Act?
A Written Statement is a document that outlines the terms of the agreement between a mobile home resident and the site owner, including details about the pitch fee and its annual review date.