pitch fee reviews
📖 What is pitch fee reviews? Meaning and definition
In the context of mobile homes in the UK, a 'pitch fee' is the regular payment made by the homeowner for the right to keep their mobile home on a specific plot of land. Pitch fee reviews are the formal procedures for adjusting this fee, often initiated by either the park owner (applicant) or the resident (respondent). These reviews are typically conducted under specific legal frameworks, such as the Mobile Homes Act 1983, which provides the basis for applications to a Tribunal for a determination of a new fee level.
The First-tier Tribunal (Property Chamber) is the body responsible for hearing these applications. The Tribunal will consider various factors when deciding on a new pitch fee. While there might be a presumption that fees increase in line with inflation, such as the Retail Price Index (RPI), the Tribunal can depart from this if there is 'good reason'. This could include factors like the deterioration of the site or the impact of site redevelopment, which might lead to a reduction or a limitation on the increase.
The process involves an application being made to the Tribunal, followed by directions being issued. Parties may request a hearing, or the determination might be made 'on the papers'. The Tribunal's decision will set the new pitch fee and specify the date from which it takes effect, providing a legally binding outcome for both the park owner and the resident.
📋 Requirements
- An application must be made for the determination of a new level of pitch fee.
- The application must be made pursuant to Paragraph 16 of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (as amended).
- The review relates to a pitch fee for a mobile home property.
- The Tribunal considers reasons to depart from presumptions, such as RPI increases, if good reason is shown.
📝 Procedure
- An application for determination of a new pitch fee level is submitted to the Tribunal.
- Directions are issued by the Tribunal, which may include setting the matter down for determination.
- Either party may request a hearing, or the determination may proceed 'on the papers'.
- The Tribunal makes a decision, determining the new pitch fee and its effective date.
💡 Examples
- A park owner applies to the Tribunal for a pitch fee review, seeking to increase the monthly fee for several mobile homes, but the Tribunal limits the increase to 10% despite higher inflation.
- Residents of a mobile home park apply for a pitch fee review, arguing that the fee should be reduced due to the deterioration of the site's facilities and amenities.
- Following a pitch fee review, the Tribunal determines that the monthly fee for a specific mobile home should be £232.00, effective from a particular date.
- A mobile home owner successfully argues for a reduced pitch fee because of the negative impact of ongoing redevelopment work on their site.
📚 Legal basis
- Mobile Homes Act 1983
❓ Frequently asked questions
What is a pitch fee?
A pitch fee is the payment made by a mobile home owner for the right to station their home on a specific plot of land within a mobile home park. It is essentially the ground rent for the pitch.
Who can initiate a pitch fee review?
Either the park owner (often referred to as the applicant) or the mobile home resident (respondent) can apply to the First-tier Tribunal for a determination of a new pitch fee level.
What law governs pitch fee reviews?
Pitch fee reviews are typically conducted under the Mobile Homes Act 1983, specifically Paragraph 16 of Chapter 2 of Part 1 of Schedule 1, as amended.
Can a pitch fee be reduced during a review?
Yes, the Tribunal can determine that a pitch fee should be reduced if there is a 'good reason' to depart from a presumption of increase, such as site deterioration or the negative impact of redevelopment.
What factors does the Tribunal consider when reviewing a pitch fee?
While there may be a presumption for increases based on inflation (like RPI), the Tribunal considers all relevant factors and can limit or reduce fees if there is good reason, such as site conditions or redevelopment impact.
Do I need a solicitor for a pitch fee review?
While self-representation is possible, pitch fee reviews can involve complex legal arguments. You may find it beneficial to seek advice from a qualified solicitor specialising in mobile home law to help navigate the process and present your case effectively.