pitch fee increases
📖 What is pitch fee increases? Meaning and definition
In the context of mobile homes in the UK, a pitch fee is the charge paid by the mobile home owner to the site owner for the right to station their home on a specific pitch. When a site owner wishes to increase this fee, they must follow a specific process, which typically involves serving a 'Pitch Fee Review Notice' on the occupiers. This notice proposes the new fee and the date from which it will take effect.
If a resident disputes the proposed increase, they can apply to a Tribunal for a review. The Tribunal's role is to determine whether the proposed increase is reasonable. For instance, a Tribunal might decide that a proposed annual pitch fee of £2,348.81 is reasonable, setting it with effect from a particular date.
The legal framework governing these increases is primarily the Mobile Homes Act 1983 (as amended). Compliance with statutory requirements is crucial; an increase notice may be deemed invalid if it fails to meet these requirements, such as including specific information like the site owner's name and address. The Tribunal's decision is binding and establishes the new pitch fee.
📋 Requirements
- A Pitch Fee Review Notice must be served on the occupiers.
- The notice must be in the prescribed form.
- The proposed increase must be determined as reasonable by a Tribunal if disputed.
- The notice must contain specific information, such as the name and address of the site owner, to be valid.
📝 Procedure
- The site owner serves a Pitch Fee Review Notice proposing an increase in the pitch fee.
- The notice specifies the proposed new fee and the effective date.
- If occupiers dispute the increase, the site owner (or occupier) can apply to a Tribunal for a determination.
- The Tribunal reviews the proposed fee and determines if it is reasonable, setting the new pitch fee and its effective date.
💡 Examples
- A site owner serves a notice proposing to increase the annual pitch fee for a mobile home from £2,000 to £2,348.81, effective from 29 September 2022.
- Residents of a mobile home park dispute a proposed pitch fee increase, leading to an application to the First-tier Tribunal for a review.
- A Tribunal determines that a proposed pitch fee increase is reasonable after considering evidence from both the site owner and the mobile home residents.
- A Pitch Fee Review Notice is found to be invalid because it did not include the site owner's name and address as required by law.
📚 Legal basis
- Mobile Homes Act 1983 (as amended)
❓ Frequently asked questions
What is a pitch fee?
A pitch fee is the amount of money a mobile home owner pays to the site owner for the right to keep their mobile home on a specific plot of land within a mobile home park.
Who decides if a pitch fee increase is reasonable?
If there is a dispute between the site owner and the mobile home owner, a Tribunal (such as the First-tier Tribunal) will review the proposed increase and determine if it is reasonable.
What happens if a Pitch Fee Review Notice is not properly served?
If the Pitch Fee Review Notice does not comply with statutory requirements, for example, by missing essential information like the site owner's name and address, the proposed increase may be deemed invalid by a Tribunal.
Can a site owner increase the pitch fee at any time?
No, pitch fee increases are subject to specific legal procedures, including serving a formal Pitch Fee Review Notice, and can be challenged by residents if they believe the increase is unreasonable.
What legislation governs pitch fee increases for mobile homes?
The primary legislation governing pitch fee increases for mobile homes in the UK is the Mobile Homes Act 1983, as amended.
What should I do if I receive a Pitch Fee Review Notice?
You should carefully review the notice and consider if you believe the proposed increase is reasonable. If you have concerns or wish to challenge it, you may need to apply to a Tribunal for a review. It is advisable to seek legal advice from a qualified solicitor specializing in mobile home law.