mobile homes act 1983
📖 What is mobile homes act 1983? Meaning and definition
The Mobile Homes Act 1983 (as amended) is a key piece of legislation in the UK for individuals who own a mobile home and rent a pitch for it on a residential park. It sets out the framework for how pitch fees are determined, reviewed, and agreed upon between the mobile home owner (resident) and the site owner/operator. The Act aims to provide a structured process for these financial arrangements, ensuring clarity and fairness for both parties.
In practice, the Act is frequently referenced in applications to the First-tier Tribunal (Property Chamber) when there is a dispute or a need for a determination regarding pitch fees. For example, site operators, who are owners and operators in accordance with section 5 of the Act, might apply to the Tribunal to determine a new level of pitch fee if an agreement cannot be reached directly with residents. Residents typically sign a Written Statement detailing their pitch fee and annual review date, which forms the basis for these reviews.
The Act includes specific provisions, such as those found in Schedule 1 Part 1 Chapter 2, paragraphs 16-20, which deal with the review and agreement of pitch fees. These provisions allow for the Tribunal to determine if an increased pitch fee has been agreed, for instance, through the conduct of the residents, such as by paying the increased fee and any arrears. This legal framework is crucial for self-represented litigants to understand their rights and obligations concerning their mobile home pitch fees.
📋 Requirements
- The property in question must be a mobile home stationed on a pitch.
- There must be a site owner/operator, often operating in accordance with section 5 of the Act.
- A Written Statement detailing the pitch fee and an annual review date usually exists.
- An application must be made to the First-tier Tribunal (Property Chamber) for determination of pitch fee issues.
📝 Procedure
- The site operator serves a Pitch Fee Review Notice to residents, proposing a new fee.
- Residents may agree to the increased pitch fee, sometimes through their conduct (e.g., by making payment).
- If no agreement is reached, an application is made to the First-tier Tribunal (Property Chamber) under the Mobile Homes Act 1983, Schedule 1 Part 1 paras 16-20.
- The Tribunal determines the new level of the pitch fee, effective from the review date.
💡 Examples
- A mobile home park owner gives notice to residents about an increase in the monthly pitch fee, and after some discussion, the residents start paying the higher amount, which the Tribunal later determines as agreement under the Act.
- A resident receives a notice for an increased pitch fee, but disputes it; the site operator then applies to the First-tier Tribunal, citing the Mobile Homes Act 1983, to have the new fee legally determined.
- The First-tier Tribunal uses the provisions of the Mobile Homes Act 1983 to rule that a pitch fee should increase from £128.92 to £131.63 per month, effective from the annual review date.
📚 Legal basis
- Mobile Homes Act 1983
❓ Frequently asked questions
What is a 'pitch fee' under the Mobile Homes Act 1983?
A pitch fee is the amount of money a mobile home owner pays to the site operator for the right to station their mobile home on a specific pitch. It is typically detailed in a Written Statement and subject to annual review.
How are pitch fees reviewed under this Act?
Pitch fees are usually reviewed annually, as specified in the Written Statement. The site operator serves a Pitch Fee Review Notice, and if an agreement isn't reached, the First-tier Tribunal can determine the new fee based on the Act's provisions.
Can I challenge a pitch fee increase?
Yes, if you do not agree with a proposed pitch fee increase, the matter can be referred to the First-tier Tribunal (Property Chamber) for a determination under the Mobile Homes Act 1983, Schedule 1 Part 1 paras 16-20.
What happens if I pay the increased pitch fee?
If you pay the increased pitch fee and any arrears, the Tribunal may determine that you have agreed to the increased fee under paragraph 16(a) of Schedule 1 Part 1 Chapter 2 of the Mobile Homes Act 1983.
Who is considered an 'operator' under the Mobile Homes Act 1983?
An operator is typically the owner of the land where the mobile homes are stationed, who operates the site in accordance with section 5 of the Mobile Homes Act 1983.
Where can I find the specific rules about pitch fees in the Act?
The specific rules regarding pitch fees, their review, and determination by a tribunal are found in Schedule 1 Part 1 Chapter 2, particularly paragraphs 16-20, of the Mobile Homes Act 1983 (as amended).