pitch fee adjustments
📖 What is pitch fee adjustments? Meaning and definition
A pitch fee adjustment is a modification to the regular payment made by a mobile home owner for the right to station their home on a particular site. These adjustments are often proposed by the site owner and can lead to a review process if the resident disputes the change. The cases show that site owners may propose an increase, stating it represents an adjustment in line with the Retail Price Index (RPI).
When a site owner wishes to adjust the pitch fee, they typically serve a Pitch Fee Review Notice to the resident. This notice outlines the proposed new fee and the date from which it is intended to apply. If the resident does not agree with the proposed adjustment, they can apply for a determination of the pitch fee by a tribunal, such as the First-tier Tribunal (Residential Property).
The tribunal's role is to review the proposed adjustment and make a decision on the appropriate pitch fee. The cases illustrate that multiple pitch fee applications from a single site owner can be submitted together for review. The tribunal considers the background of the application, including the proposed increase and the stated reasons for it, such as alignment with the Retail Price Index.
📋 Requirements
- A Pitch Fee Review Notice must be served by the site owner.
- The proposed adjustment is often stated to be in line with the Retail Price Index (RPI).
- The application for review must be submitted to the First-tier Tribunal (Residential Property).
📝 Procedure
- The site owner serves a Pitch Fee Review Notice to the resident, proposing a new pitch fee.
- The notice specifies the proposed increase and the effective date.
- If the resident disputes the adjustment, the site owner (or resident) can apply to the First-tier Tribunal for a determination of the pitch fee.
- The tribunal reviews the application, considering factors like the proposed increase and the stated reason (e.g., RPI adjustment).
- The tribunal issues a decision on the payable pitch fee.
💡 Examples
- A site owner sends a notice to a mobile home resident proposing to increase their monthly pitch fee from £110.83 to a higher amount, stating the increase is an adjustment based on the Retail Price Index.
- After receiving a Pitch Fee Review Notice, a resident disagrees with the proposed increase and applies to the First-tier Tribunal to have the pitch fee determined.
- A tribunal hears an application from a site owner seeking to confirm a pitch fee of £112.95 per month, which they claim is an adjustment in line with the Retail Price Index.
- Multiple residents on a mobile home site receive similar Pitch Fee Review Notices, leading to a batch of 27 pitch fee applications being submitted together for tribunal review.
📚 Legal basis
- Mobile Homes Act 1983 (as amended)
❓ Frequently asked questions
What is a pitch fee?
A pitch fee is the monthly payment made by a mobile home owner to the site owner for the right to keep their mobile home on a specific plot of land within the site.
Why do pitch fees get adjusted?
Pitch fees are typically adjusted to account for inflation or other changes in costs. The cases show that site owners often propose adjustments in line with the Retail Price Index (RPI).
What happens if I disagree with a pitch fee adjustment?
If you disagree with a proposed pitch fee adjustment, you can apply to the First-tier Tribunal (Residential Property) for a determination of the fee. The tribunal will review the proposed change and make a decision.
How will I be notified of a pitch fee adjustment?
The site owner is expected to serve you with a Pitch Fee Review Notice, which details the proposed increase and the date it is intended to take effect.
Can a site owner increase the pitch fee at any time?
The cases indicate that there may be a 'Review Date' each year, such as 1 April, when pitch fee adjustments are typically proposed. However, the specific terms would be in your written statement or agreement with the site owner.