21 Riverdale Park, Bent Lane, Staveley, Chesterfield S43 3UQ BIR/17UD/PHI/2024/0040
DECISION
[1]The Applicant, Cathmal Ltd, made application under the Mobile Homes Act 1983 for determination of a new level of pitch effective from 1 April 2024, under paragraph 16 of Chapter 2 of Part 1 to Schedule 1 to the Mobile Homes Act 1983 (‘the Act’). The pitch notice was dated 1 March 2024 (‘the Notice’).[2]The Applicant is the site owner of Riverdale Park, Bent Lane, Stavely, Chesterfield S43 3UG and the Respondent, Mr Richard Wood, is the occupier of the Property.[3]Directions were issued on 2 July 2024. In the Directions, the Tribunal drew the attention of the Respondent to the Pitch Fee Review Form issued by the Applicant and, in particular, to the statutory presumption (in paragraph 20 of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983) that the pitch fee would increase or decrease by no more than the annual change in the Consumer Prices Index (CPI), unless that would be unreasonable having regard to the matters set out in paragraph 18(1) of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983.[4]The Respondent was directed, if he did not agree to the proposed new pitch fee, to send to the Applicant, and to the Tribunal, a Statement in Response, setting out in full his reasons for opposing the proposed fee. The Tribunal indicated that, if the Respondent failed to send a Statement in Response, he might be deemed to have no objection to the proposed new pitch fee.[5]In accordance with the directions, the Tribunal received a Supplemental Statement from the Applicant regarding the correct pitch fee review date, but no Statement in Response was received from the Respondent by the specified deadline.[6]On 5 September 2024, the Tribunal gave the Respondent a further opportunity to respond and, again, received no submissions from him.[7]On 12 November 2024, the Tribunal issued a barring warning to the Respondent which confirmed that, if the Respondent did not provide a Statement in Response by 18 November 2024, the Tribunal would bar the Respondent from taking further part in the proceedings (pursuant to Rule 9(1) and (7)(a) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Rules’)) and might summarily determine the new pitch fee at the level proposed by the Applicant (pursuant to Rule 9(8) of the Rules). The Tribunal received no reply by the set deadline.[8]As the Respondent has failed to provide a Statement in Response setting out his reasons for opposing the proposed new pitch fees in accordance with paragraph 4 of the Directions Order dated 2 July 2024, he is now automatically barred from taking further part in these proceedings and the Tribunal need not consider any further response or other submission made by him. Accordingly, the Tribunal summarily determines all issues against the Respondent (Rule 9(8) of the Rules). Decision[9]The Applicant’s Supplemental Statement submitted that the pitch fee review date was changed from 4 April (as set out in the Written Agreement) to 1 April with the consent of the previous resident, Mr Lansfield. The Applicant further stated that the pitch fee increases in 2022 and 2023, whilst Mr Wood was in occupation, had been ruled in the Applicant’s favour by the tribunal. In the absence of any evidence to the contrary, the Tribunal accepts that the correct pitch fee review date is 1 April 2024.[10]The Tribunal also finds that the statutory presumption set out in paragraph 20 of the Act applies and that the pitch fee is to increase by 4% as at the date detailed in the Notice, being 1 April 2024.[11]Accordingly, the Tribunal determines that the pitch fee for 21 Riverdale Park, Bent Lane, Staveley, Chesterfield, S43 3UQ shall be increased from £161.47 per month to £167.93 per month from 1 April 2024. Appeal Provisions[12]If either party is dissatisfied with this decision they may apply to this Tribunal for permission to appeal to the Upper Tribunal (Lands Chamber). Any such application must be received within 28 days after these written reasons have been sent to the parties (Rule 52 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013). Judge M K Gandham 20 November 2024