park home
📖 What is park home? Meaning and definition
A park home is a type of residential property, often a mobile home, that is located on a designated 'pitch' within a larger site. The owner of the park home typically enters into an agreement for the occupation of this pitch with the site owner. This agreement outlines terms such as the pitch fee, which is a regular payment for the use of the land.
The relationship between the park home owner and the site owner is governed by specific legislation, such as the Mobile Homes Act 1983, and related regulations like the Mobile Homes (Site Rules) (England) Regulations 2014. These legal frameworks address various aspects, including how pitch fees are reviewed and increased, and how disputes between park home owners and site owners are resolved, often through applications to a Tribunal.
Pitch fees are subject to periodic review, often annually, and can be increased. However, such increases are not automatic and can be challenged. Park home owners can dispute proposed increases, and if an agreement cannot be reached, the site owner may need to apply to a Tribunal for a determination. The Tribunal will consider factors such as the Retail Price Index (RPI), any changes in services provided, and legislative changes affecting costs when deciding on pitch fee adjustments.
In practice, this means that while park home owners own their homes, they occupy the land under an agreement with the site owner, involving ongoing pitch fee payments. Any disagreements regarding these fees or other aspects of the agreement can be brought before a Tribunal for a formal decision.
📋 Requirements
- An agreement for occupation of a park home on a specific pitch.
- The park home is situated on a licensed site under the Caravan Sites and Control of Development Act 1960.
- The park home owner is party to a mobile home agreement with the site owner.
- The payment of a regular pitch fee to the site owner.
📝 Procedure
- Site owner proposes a new monthly pitch fee.
- Park home owner and site owner attempt to agree on the new pitch fee.
- If no agreement is reached, the site owner applies to the Tribunal for a determination of the pitch fee.
- The Tribunal considers evidence, including the mobile home agreement and factors like RPI, to make a decision on the pitch fee.
💡 Examples
- A resident entered into an agreement to occupy a park home on Pitch 9, with a weekly pitch fee that was reviewed each January 1st.
- The site owner applied to the Tribunal because they could not agree with the park home owners on a new monthly pitch fee effective from May 2022.
- The Tribunal reviewed a pitch fee to a new weekly amount, payable from a specific date until further review, following an earlier determination.
- Proposed increases in pitch fees for 16 park homes were not allowed by the Tribunal after the residents successfully argued against the RPI-based increase.
📚 Legal basis
- Mobile Homes Act 1983
- Mobile Homes (Site Rules) (England) Regulations 2014
- Caravan Sites and Control of Development Act 1960
❓ Frequently asked questions
What is a pitch fee for a park home?
A pitch fee is the regular payment made by a park home owner to the site owner for the right to occupy the specific plot of land (the 'pitch') where their park home is situated.
How are park home pitch fees increased?
Pitch fees are typically reviewed periodically, often annually, as outlined in the mobile home agreement. Increases are usually proposed by the site owner and can be based on factors like the Retail Price Index (RPI), but they must be agreed upon or determined by a Tribunal if there's a dispute.
Can I challenge a proposed pitch fee increase?
Yes, park home owners can challenge proposed pitch fee increases. If an agreement cannot be reached with the site owner, either party can apply to a Tribunal for a determination on the appropriate fee.
What factors does a Tribunal consider when reviewing pitch fees?
A Tribunal considers various factors, including the Retail Price Index (RPI), any reduction or deterioration in services provided by the site owner, and any legislative changes affecting costs, when determining pitch fees.
What is the Mobile Homes Act 1983?
The Mobile Homes Act 1983 is a key piece of legislation that governs the relationship between park home owners and site owners in the UK, particularly concerning agreements, pitch fees, and dispute resolution.
Do I own the land my park home is on?
No, typically, a park home owner owns the home itself but not the land it sits on. They have an agreement with the site owner for the occupation of the 'pitch' (the land) and pay a pitch fee for its use.