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Applicant: Mr J Wilson issued an Application to determine whether consent to erect a car port by the Occupier has been unreasonably withheld by the Site Owner.
The Tribunal decided it was not unreasonable to withhold consent under paragraph 3(e) of Part 3 Express Terms of the Written Agreement for the erection of a car port.
Hills Leisure UK Limited (Manor Park) (CHI/00HE/PHC/2014/0004)
Applicant: Hills Leisure UK Limited issued an application against Mr & Mrs Roalfe of Manor Park, for a refusal order preventing the proposed sale of their home on the grounds that the purchasers have a dog.
The Tribunal refuses to make a refusal order which means that the Respondents are now free to sell their mobile home and assign the Mobile Homes Act agreement to the purchasers.
Wyldcrest Parks (Management) Limited (Surrey Hills Park) (CHI/43UD/PHC/2013/0020)
Applicant: Wyldcrest Parks (Management) Limited made an application pursuant to Paragraph 7B of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 for a refusal order preventing the Respondents, Mr B Green & Ms G Morris of Surrey Hills Park, selling their Park Home and assigning the pitch agreement.
A refusal order is granted in respect of a proposed sale and assignment of the agreement relating to the Park Home to Mr B Pollock and his family.
Mr M Cooper (Site Owner) Tudor Rose Park (CHI/21UF/PHC/2013/0023)
Applicant: Mr M Cooper issued an Application against Mr F Whyatt of Tudor Rose Park, under the provisions of Section 4 of the Mobile Homes Act 1983 for a determination of the amount of pitch fees that are payable by the Respondent to the Applicant.
The Tribunal determined AND IT IS HEREBY ORDERED that the Respondent is liable to pay the Applicant the sum of £2,227.58 in respect of arrears of Pitch Fees and other payments payable under the terms of the Written Agreement. This amount is payable within 21 days from the date of this Decision. This is enforceable with the permission of a County Court, in the same way as orders of such a Court.
Applicant: Oaktree Parks Ltd issued an Application against Mr N McMurray of The Orchard Otter Valley Park to determine that the respondent was in breach of the terms of his agreement and an order that he tidies his pitch.
The Tribunal found that the Respondent is in breach of both a term contained in the written agreement and a term implied by the Act relating to his occupation of the pitch on which his park home is located.
Mr R Hill (Director) of Hills Leisure UK Limited (Manor Park) (CHI/00HE/PHC/2013/0010)
Applicant: Mr R Hill issued an application to determine as to the Applicant's entitlement to terminate the agreement with Mr & Mrs Shepherd of Manor Park.
The Tribunal determined that it did not have jurisdiction to deal with the application as to the Applicant's entitlement to terminate the agreement.
South Somerset Holiday Park Limited (Turnpike Park) (CHI/40UD/PHI/2013/0021) (CHI/40UD/PHC/2013/0019)
Applicant: Members of the Turnpike Park Residents Association issued two applications for a determination as to the new level of pitch fees and as to whether or not proposed sewerage charges were payable and if so the amount.
With regard to the pitch fees the Tribunal agrees with the Respondent that this is not a case of a review of pitch fees under the provisions of the Act because the pitch fees being paid from February 2013 were not in respect of Mobile Homes Act agreements as the site was not a 'protected site' under the Act until 22nd April 2013 when the new site licence was granted.
However the fact that the application to the Tribunal had been made on the form applicable to a pitch fee review does not prevent the Tribunal from determining the express terms of the agreement for, in effect, the Applicants have in their application provided all the necessary information to enable the Tribunal to make a determination under section 2(3)(a) of the Act as amended.
Applicant: Mrs S A Doughty issued an Application for Mr Billy Smith to issue a Written Statement as to the terms of their Agreement.
The Tribunal orders that the Respondent must, not later than 21/6/2013, give the Applicant a written statement that complies with the requirements set out in Section 1(2) of the 1983 Act and in Regulation 3 of, and the Schedule to, the Mobile Homes (Written Statements)(England) Regulations 2011.
Kevin Surrage (MD) Country Parks Limited (Linton Park) (BIR/00GA/PHC/2013/0003)
Applicant: Country Parks Ltd, applied to the Tribunal for a determination under Section 4 of the Mobile Homes Act 1983 (as amended) seeking an order that a breach of the terms of the Written Statement had occurred in respect of the Mobile Home on Linton Park.
The Tribunal orders that the Respondents have breached the terms of their Written Statement in respect of the Mobile Home [not to do or suffer or permit to be done on the park or pitch any act or thing which shall or may be or become a nuisance or cause annoyance, inconvenience or disturbance to the owner or other occupiers on the park or cause damage to property belonging to the owners or other occupiers].
Mr C Nedic (site owner of Pool View Park) (BIR/00/GG/PHE/2012/0002)
Applicant: Mr & Ms D McBeth, owners of a park home applied to the Tribunal for a determination whether or not the site owner has unreasonably withheld consent to a sale under Paragraph 8(1) of Schedule 1 Part 1 and whether there has been a breach of the implied terms of the Applicant's agreement with the Respondents under section 4 of the Mobile Homes Act 1983 (as amended).
The Tribunal makes an order declaring that the prospective purchaser is approved for the purpose of Paragraph 8(1) of Chapter 2 Schedule 1 to the Mobile Homes Act 1983.
Applicant: Mr S England applied under section 4 of the Mobile Homes Act 1983 for the determination of a number of matters relating to the property on Sunset Drive Park. Mr England is the personal representative of his brother Mr G England who, until his death in April 2010, was the occupier of the mobile home. Mr England is entitled to bring this application in accordance with Section 3 (3) of the 1983 Act. The respondent to the applications is the site owner of Sunset Drive Park, Mr Sawyer of Sawyers Park Homes.
The Tribunal therefore finds as follows:
- Mr Sawyer is not entitled to impose conditions on the assignment of the Park Home.
- Pitch fees inclusive of water and sewerage charges for the period February 2010 until April 2011 being fifteen months at the rate of £161.17 per month are due from Mr England’s estate to Mr Sawyer being the sum of £2,417.55. No further pitch fee charges have accrued or are accruing;
- Mr Sawyer is to pay Mr England’s estate the sum of £461.95 in compensation for extra travelling costs;
- Mr Sawyer is to pay Mr England £150 as reimbursement for the fee paid to the Tribunal for this application.
Mr & Mrs J Winter of Wervin Park (MAN/00EW/PHB/2013/0001)
Applicant: Mr B A Corrigan applied under Section 4(1) of the Mobile Homes Act 1983 (as amended) for the Tribunal to determine a question arising from his occupation agreement in respect of his home on Wervin Park,
The Tribunal concluded that Mr Corrigan's 06/11/2012 agreement remains in force without amendment and that there has not been a valid change in the Park rules.
Applicant: Avondale Property (Holdings) Limited submitted an application for the determination of the amount of Pitch Fees, under Paragraphs 16 to 20 of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (as amended). The respondents were 7 home-owners on the park.
Decision ( 27/07/2012)
The Tribunal determines that an increase in the Pitch Fee of 5.4% in accordance with the Retail Prices Index for October 2011 is justified and payable.
Applicant: Mrs C Wood, resident on Willows Park applied to the Tribunal to determine whether the Respondent is in breach of any express or implied term or terms of an agreement to occupy the Park Home which is enforceable between the Applicant and Respondent and, if so, what order if any should be made by the Tribunal.
The Tribunal determines that the Respondent, Don Amott Parks, is not in breach of its agreement with the Applicant, Mrs Wood.
Applicant: Mr D Jones resident on Ilford Bridge Home Park applied to the Tribunal for approval of a purchaser for his mobile home at the Premises where it was alleged that the site owner had either unreasonably withheld its approval of the proposed purchaser within 28 days of a request for the same or where it had failed to give reasons for its refusal. The application was brought under Paragraph 8(1)(E) of Schedule 1 Part 1 to the Act.
The Tribunal finds that the Respondent has either not given adequate reasons for withholding approval of the purchaser of the premises and assignee of the agreement to station and occupy the mobile home on Ilford Bridge Home Park, or, alternatively has unreasonably withheld its approval of Mrs Phelps as such a purchaser and assignee. The Tribunal makes an order declaring that the purchaser is approved for the purposes of Paragraph 8(1) of Schedule 1 Part 1 of the Mobile Homes Act 1983 as amended and accordingly the applicant is entitled to sell the home to her and to assign the agreement to her. The Tribunal also orders that the respondent shall, within 28 days, pay to the applicant, compensation.
Applicant: D. Croft Esq. applied to the Tribunal for an order that the site owner give the occupier a Written Statement as to the terms of their Agreement under Section 1(6) of the Mobile Homes Act 1983 (as amended).
The Residents Property Tribunal dismisses the Application as an abuse of process under Regulation 42 of the Residential Property Tribunal Procedures and Fees (England) Regulations 2011.
Applicant: Mrs M Hooper, resident on Crookham Park, applied to the Tribunal for a determination whether there had been a breach of the express or implied terms of the Applicant's agreement with the Respondent and, if so, whether compensation should be awarded.
- It is the decision of the Tribunal that the Respondent site owner, Peter L. Pratt, is in breach of the terms of the pitch agreement, in that he agreed an increase in the pitch fee on the 05/10/1998 immediately prior to the assignment of the pitch agreement on the same date to the Applicant when the pitch fee review date specified in the agreement is 1st January in each year.
- The Tribunal awards the Applicant compensation, which is payable by the Respondent on or before the 15/11/2011.
- The Tribunal also orders the Respondent to refund the fee paid to this Tribunal on or before the 15/11/2011.
Mr & Mrs F Smith (site owners) Beaumont Park (CAM/33UD/PHC/2011/0001)
Applicant: Mr T Glew, resident on Beaumont Park, submitted an application to the Tribunal to determine whether there has been a breach of the express or implied terms of the Applicant's agreement with the Respondents and, if so, whether compensation should be awarded.
It is the decision of the Tribunal that the Respondent site owners, Mr & Mrs F Smith, are in breach of express and/or implied terms of their pitch agreement with the Applicant Mr & Mrs T Glew, in the following respects:
- They failed to comply with the procedure incorporated into the agreement by Schedule 1, Part 1, Chapter 2 of the Mobile Homes Act 1983 in paragraph 8 under the heading 'Sale of Mobile Home' by failing to take steps to approve the sale of the park home in May 2011. Furthermore they actively took steps to discourage the prospective purchaser from proceeding with a purchase and, as a direct consequence of their actions, she withdrew from such transaction.
- On or about 10/05/2011, they, or their servants or agents, entered the pitch of the park home address, removed and destroyed 2 gates and part of the fence, destroyed a large part of the garden, took up concrete slabs which had been used for parking a car and moved another section of fence all belonging to the Applicant. They then erected another fence to exclude most of the garden and all the car parking area from the pitch and to allow only pedestrian access to the park home.
The Applicants: 25 residents of Woodlands Park. Woodlands Park Residents Association issued an Application to the Residential Property Tribunal asking the Tribunal to determine whether the Respondents were entitled to be paid an increased Pitch Fee of £2.50 per month in respect of certain work that had been carried out to the communal roadway.
TheThe tribunal hereby determines that each of the Applicants are liable to pay to the Respondents the sum of £450 as contributions towards the improvement of the roadway which has been for their benefit, such sum to be payable by monthly instalments of £2.50 per calendar month for a period of 15 years from 1st May 2005. In addition for the period from 1st May 2005 until payment such amounts of £2.50 per calendar month shall bear the RPI increase at the annual rates agreed by the parties and are contained in the Tribunal’s Further Directions made on 23rd August 2011.
- That the respondent site owner, Mr M Webb, is in breach of express and/or implied terms as to quiet enjoyment and/or by moving the park home without the court's approval, of the pitch agreement with the applicant. The Tribunal orders the respondent to pay compensation.
- That the respondent site owner, Mr M Webb, is in breach of express and/or implied terms of the said pitch agreement by failing to consent to or provide sufficient reason for not consenting to the sale of the park home on at least 2 occasions. The Tribunal orders the respondent to pay compensation.
The Applicants: Acrebind Ltd, Marcia Morgan, Kevin Harry Morgan submitted three applications: 0007 (determination as to the sewage charges claimed by the applicants in respect of the years commencing 01/04/2006, 01/04/2007, 01/04/2008, 01/04/2009, 01/04/2010 & 01/04/2011) 0014 (determination of the pitch fee claimed by the applicants for the year 01/04/2011 - 31/03/2012) and 0016 (determination of the pitch fee claimed by the applicants for the years commencing 01/04/2006, 01/04/2007, 01/04/2008, 01/04/2009, 01/04/2010 & 01/04/2011 This case was transferred to the Tribunal from the West Cumbria County Court, Claim No. 2WH00121 by an order of 15/10/2012 The respondents, 25 home-owners on Nepgill Park, Bridgefoot.
The Tribunal determines that:
- The first applicant is not entitled to recover the cost of the sewage treatment plant installed in 2005/2006 from the Respondents through the pitch fee.
- There has not been any decrease in the amenity of the park.
- Any change in the pitch fee for 2006 and for each subsequent year is limited to the rise and fall of the Retail Price Index.
The Applicant: Mr W A Scott submitted an application under Section 4 of the Mobile Homes Act 1983 (as amended) seeking an order determining the amount of rent payable in respect of his tenancies of three garage plots at Bramley Park.
The Tribunal determines that it does not have jurisdiction to consider or determine the application.
The Applicant: Mrs D M Maxwell of Resugga Green Park submitted an application related to electricity charges and an administration charge payable under an agreement dated 6th June 1989 and originally made between her and W A and R J Pinto, the then owners of the site (“the Agreement”).
The Tribunal determined that
(a) it was established that there had been an error in the meter recording of electricity consumed by the Applicant as claimed by the Respondent; but that
(b) the amount of the error was not detailed or documented in a way which would enable the Tribunal to determine what additional payment should be made by the Applicant, and accordingly it ruled that there should be none.
(c) The administration charge was not unreasonable in the circumstances and should stand at the sum fixed by the Respondent, that is to say £15 per quarter.
The Applicant: Mr A R Walker, is the occupier of a mobile home on Oak Tree Farm Caravan Site (“the subject property”). The Respondent is Mr A Hartley (t/a Hartley Park Homes), the owner of the Oak Tree Farm Caravan Site. The application is for a determination that the Respondent is unreasonably withholding his consent to proposed works that the Applicant wishes to carry out on his mobile home and for an order requiring the Respondent to give that consent.
The Tribunal finds that the Respondent is acting unreasonably in withholding his consent to the carrying out of the proposed works by J W Engineering. The Tribunal makes a declaration to that effect and requires the Respondent to give his written consent. The Respondent must give that written consent to the Applicant (and must provide a copy of that written consent to the Tribunal) not later than 28/11/2011.
Wyldecrest Parks (Management) Ltd. (CAM/26UC/PHE/2013/0005)
The Applicant: Wyldecrest Parks (Management) Ltd was refused an order on the grounds of a legal issue that the proper procedure was not followed regarding the 21 day period for applying to the Tribunal and notifying the occupier.