38 Spinney Close Banbury Road Lighthorne Warwickshire CV35 0AQ BIR/44UE/PHI/2025/0043
DECISION
[1]The Applicant has applied for a determination of the new pitch fee for the Property, which is sited on the Redlands Residential Park, Banbury Road, Lighthorne CV37 0AQ.[2]A notice of increase of pitch fee (“the Notice of Increase”) was sent by the Applicant to the Respondents on 29 April 2025 proposing an increase in the fee from £187.02 per month to £191.88 per month, effective from 1 June 2025.[3]The pitch fee increase sought is based on a Consumer Prices Index inflation rate of 2.6%, being the rate published for the month of March 2025.[4]The application to the Tribunal was dated 29 August 2025.[5]Directions for the conduct of the application were issued by Judge Barlow on 4 January 2026. The Respondents were directed to complete a response form by 30 January 2026 indicating whether they wished the Tribunal to hold a hearing on the application and their reasons for opposing a pitch fee increase. The Tribunal has not received any response to these directions from the Respondents.[6]I am therefore determining the application on the papers. Law[7]Schedule 1 to the Mobile Homes Act 1983 sets out terms which are implied into the agreements between site owners and pitch owners on protected sites.[8]Paragraph 20 of that Schedule provides that unless it would be unreasonable having regard to factors set out in paragraph 18 of the Schedule, there is a presumption that the pitch fee shall increase by a percentage calculated by reference to the last consumer prices index published before the day in which the notice of increase was served as it relates to the index published 12 months before. Discussion[9]I have reviewed the Applicant’s papers and am satisfied that:a. The last review date prior to service of the Notice of Increase was 1 June 2024;b. The Notice of Increase was served at least 28 days before the proposed date of a change in the pitch fee;c. The application to the Tribunal was brought within 3 months of the review date;d. The proposed increase of 2.6% is based on the correct consumer prices index inflation data (133.00 March 2024: 136.5 March 2025);e. There are no factors raised by either party to displace the presumption that the pitch fee should increase by the CPI inflation rate;f. The Respondents have had the opportunity to challenge the proposed pitch fee increase but have not taken up that opportunity. Decision[10]I determine that the new pitch fee for the Property from 1 June 2025 is £191.88 per month. Appeal[11]Any appeal against this decision must be made to the Upper Tribunal (Lands Chamber). Prior to making such an appeal the party appealing must apply, in writing, to this Tribunal for permission to appeal within 28 days of the date of issue of this decision (or, if applicable, within 28 days of any decision on a review or application to set aside) identifying the decision to which the appeal relates, stating the grounds on which that party intends to rely in the appeal, and stating the result sought by the party making the application. Judge C Goodall First-tier Tribunal (Property Chamber)