pitch fees
📖 What is pitch fees? Meaning and definition
Pitch fees are the charges that mobile home owners pay to the park owner for the use of the land where their mobile home is situated. These fees are typically paid annually, though they can be structured for payment in instalments, such as monthly or every four weeks. The amount of the pitch fee can be reviewed and changed, either through agreement between the mobile home owner and the park owner, or by an order from an appropriate judicial body, such as the First-tier Tribunal.
Changes to pitch fees are governed by specific regulations, including the Mobile Homes (Pitch Fees) (Prescribed Forms) (England) Regulations 2013. A notice proposing a change to the pitch fee must be accompanied by a document that complies with these regulations to be valid. This ensures transparency and provides the mobile home owner with the necessary information regarding the proposed change.
When a pitch fee is reviewed, the Tribunal will assess whether any proposed increase or decrease is reasonable. Often, the calculation for a new pitch fee is based on the percentage increase in the Retail Prices Index (RPI) over a specified period, such as 12 months. However, disputes can arise if the method of applying the increase, for example, converting an annual RPI increase into monthly payments, results in a higher overall annual payment than if the RPI was applied directly to the annual sum.
📋 Requirements
- The pitch fee can only be changed with the agreement of the mobile home owner or by order of an appropriate judicial body.
- A notice proposing a change to the pitch fee must be accompanied by a document complying with specific regulations (e.g., Mobile Homes (Pitch Fees) (Prescribed Forms) (England) Regulations 2013).
- The Tribunal determines if any change (increase or decrease) in pitch fee is reasonable.
📝 Procedure
- The park owner issues a Pitch Fee Review Notice to the mobile home owner.
- The notice must be accompanied by a document complying with the Mobile Homes (Pitch Fees) (Prescribed Forms) (England) Regulations 2013.
- If no agreement is reached, either the park owner or the mobile home owner may apply to the Tribunal for an order determining the new pitch fee.
- The Tribunal reviews the proposed change, often considering the Retail Prices Index (RPI) increase, and determines a reasonable new pitch fee.
💡 Examples
- A mobile home park owner sends a Pitch Fee Review Notice to a resident, proposing an increase from £187.45 to £202.07, calculated using the 7.8% increase in the Retail Prices Index (RPI).
- A resident disputes a proposed pitch fee increase because their agreement specifies annual payments, but the review notice calculates the increase based on monthly payments, leading to a higher total annual sum.
- The First-tier Tribunal is asked to determine a new pitch fee after the park owner and a mobile home resident could not agree on the proposed increase.
- A park owner applies to the Tribunal for an order to change the pitch fee, and the Tribunal must decide if the proposed new amount is reasonable.
📚 Legal basis
- Mobile Homes (Pitch Fees) (Prescribed Forms) (England) Regulations 2013
❓ Frequently asked questions
What is a pitch fee for a mobile home?
A pitch fee is the payment made by a mobile home owner to the park owner for the right to keep their mobile home on a specific plot of land within the park.
How often are pitch fees reviewed?
Pitch fees are typically reviewed annually, with a specific review date on which any proposed new fee is intended to take effect.
Can a park owner increase my pitch fee without my agreement?
A park owner can propose an increase, but it can only be changed with your agreement or if an appropriate judicial body, like the First-tier Tribunal, considers it reasonable and makes an order for the new amount.
What regulations govern pitch fee changes?
Changes to pitch fees are governed by regulations such as the Mobile Homes (Pitch Fees) (Prescribed Forms) (England) Regulations 2013, which specify what documents must accompany a notice of change.
What if I disagree with a proposed pitch fee increase?
If you disagree, you can contest the Review Notice. If an agreement cannot be reached, either you or the park owner can apply to the First-tier Tribunal for a determination on the reasonableness of the proposed fee.
Is the Retail Prices Index (RPI) always used to calculate pitch fee increases?
While RPI is often used as a basis for calculating pitch fee increases, the Tribunal will ultimately determine if the proposed change, including the method of calculation, is reasonable.