park homes
📖 What is park homes? Meaning and definition
A park home refers to a mobile home situated on a designated park home site, where the occupier typically owns the home but rents the pitch it sits on. This arrangement involves a pitch fee paid to the site owner, which can be subject to annual reviews and increases, often based on factors like the Consumer Price Index (CPI). Disputes over pitch fee increases may be brought before a Tribunal for determination.
Occupiers of park homes are generally responsible for paying utility charges, such as electricity, gas, water, and sewerage, either directly or as a proportional part where these services are assessed for the entire residential park. Site owners are often responsible for calculating and allocating these charges fairly among the park homes, especially when they receive a single bill for the entire site's consumption.
The legal framework governing park homes in the UK is primarily contained within the Mobile Homes Act 1983. This Act grants Tribunals jurisdiction to resolve various disputes, including those concerning utility charges and pitch fees. When disputes arise, parties may be directed to provide detailed statements of case, calculations, and invoices to support their claims regarding charges or fees.
📋 Requirements
- The property must be a mobile home located on a residential park home site.
- There must be an occupation agreement outlining terms such as pitch fees and utility charges.
- Utility charges, if applicable, must be calculated and allocated between relevant park homes on the site.
- Pitch fees are subject to annual review, with notice of proposed increases served on the occupier.
📝 Procedure
- The site owner proposes a new pitch fee to the occupier.
- If the occupier does not agree to the increase, the site owner applies to the Tribunal.
- The Tribunal directs both parties to prepare bundles of documentation, including statements of case and relevant invoices.
- The Tribunal determines the new pitch fee or rules on utility charge disputes based on the submitted documentation and applicable law.
💡 Examples
- A site owner claims water and sewerage charges for a park home, needing to show how the charges were calculated and allocated from the main site invoice.
- An occupier disputes an electricity bill, prompting the site owner to explain how the total site consumption is divided among the 20 park homes, even if individual meters don't differentiate peak and off-peak rates.
- A park home occupier disagrees with a proposed pitch fee increase, leading the site owner to apply to the First-Tier Tribunal for a determination of the new monthly fee.
- The Tribunal sets a new pitch fee for a specific park home address, effective from a particular date, after considering the site owner's application and the occupation agreement.
📚 Legal basis
- Mobile Homes Act 1983
❓ Frequently asked questions
What is a pitch fee for a park home?
A pitch fee is the regular payment made by a park home occupier to the site owner for the right to keep their home on the pitch. These fees are typically reviewed annually.
How are utility charges calculated for park homes?
Utility charges for park homes, such as for water or electricity, are often calculated by the site owner who receives a bill for the entire site. The site owner then apportions these charges based on individual park home usage or a proportional part, as outlined in the occupation agreement.
What happens if I disagree with a pitch fee increase?
If you disagree with a proposed pitch fee increase, and you cannot reach an agreement with the site owner, the site owner may apply to the First-Tier Tribunal (Property Chamber) to determine the new pitch fee.
What law governs park homes in the UK?
The primary legislation governing park homes in the UK is the Mobile Homes Act 1983, which provides the legal framework for occupation agreements and Tribunal jurisdiction over disputes.
Can a Tribunal help with disputes over park home utility bills?
Yes, under section 4 of the Mobile Homes Act 1983, a Tribunal has jurisdiction to determine questions related to utility charges, such as how they are calculated and allocated between park homes.