site owner
📖 What is site owner? Meaning and definition
In the context of UK tenancy law, particularly concerning mobile homes, a 'site owner' refers to the proprietor of a mobile home park. This individual or organisation holds the legal ownership of the land where mobile homes are situated. Their role involves managing the site, including the pitches occupied by residents.
The site owner is responsible for various aspects of the tenancy, such as proposing and determining pitch fees. If a resident does not agree to a proposed increase in pitch fees, the site owner must apply to a Tribunal for a determination. This process ensures that any fee adjustments are reviewed and deemed reasonable by an independent body.
The relationship between a site owner and an occupier of a pitch is governed by specific legal frameworks, such as the Mobile Homes Act 1983. Even if there isn't a written agreement, implied terms set out in this Act apply, outlining the rights and responsibilities of both parties. This legal structure provides protection for mobile home residents and establishes clear procedures for matters like pitch fee reviews.
📋 Requirements
- Ownership of a protected mobile homes site
- Pitches within the site are occupied by residents
- Responsibility for managing the site and its pitches
📝 Procedure
- Site owner serves a Pitch Fee Review Notice to the occupier proposing an increase
- If the occupier does not agree to the increase, the site owner applies to the Tribunal for a determination
- The Tribunal reviews the application, often on papers, to determine if the proposed pitch fee is reasonable
💡 Examples
- A site owner applied to the Tribunal to increase the monthly pitch fee for a mobile home resident from January 2023, after serving a Pitch Fee Review Notice.
- The park site owner of a protected mobile homes site sought a determination from the Tribunal for a pitch fee increase because the resident had not agreed to it.
- A site owner proposed an adjustment to the pitch fee in line with the Retail Prices Index (RPI) and, when challenged, sought the Tribunal's approval for the new amount.
📚 Legal basis
- Mobile Homes Act 1983
❓ Frequently asked questions
What does a site owner do regarding pitch fees?
A site owner proposes increases to pitch fees and, if the resident does not agree, must apply to a Tribunal to have the new fee determined as reasonable.
What happens if I don't agree to a pitch fee increase proposed by the site owner?
If you don't agree, the site owner must apply to the Tribunal for a determination. The Tribunal will then decide if the proposed increase is reasonable.
Are there specific laws that govern site owners and mobile homes?
Yes, the Mobile Homes Act 1983 is mentioned as applying to protected mobile homes sites and sets out implied terms governing the occupation of pitches.
Can a site owner increase pitch fees without my agreement?
A site owner can propose an increase, but if you do not agree, they must obtain a determination from the Tribunal for the increase to take effect.
What is a 'protected mobile homes site'?
The excerpts indicate it is a type of site where the Mobile Homes Act 1983 applies, offering certain protections to residents.