Judge JR MorrisMrs S Redmond BSc, MRICSDate 8 August 2025
DECISION
[1]The Tribunal determines that the Respondent is in breach of paragraph 3 (f) of Part IV of the Express Terms of the Written Statement of Agreement.[2]The Tribunal makes a direction under section 231A of the Housing Act 2004 that a reasonable time for the Respondent to remedy the breach is by 31 October 2025.
REASONS
[3]An Application dated 12 November 2025 was made by the Applicant for a determination of a question arising under the Mobile Homes Act 1983 or the Written Statement to which it relates under section 4 of the Mobile Homes Act 1983 as amended, as follows: 1) Whether the Respondent is in breach of the Terms of the Agreement as per the Written Statement under Mobile home Act 1983 Amendment and part IV of the Express Terms of the Agreement under paragraph 3 (f) which states as follows: “To keep the pitch and all fences, sheds, outbuildings and gardens thereon in a neat and tidy condition.” The latter part of the paragraph in the original Written Statement of Agreement which states “PROVIDED ALWAYS that if the occupier fails to comply with the terms of this clause then the owner may give 28 days' notice in writing requiring the occupier to comply with such terms and if the occupier has not taken all reasonable steps to comply with this clause within such period than upon the expiry thereof the owner may enter upon the pitch and carry out such work as may be necessary and the costs of such work shall be payable by the occupier forthwith” was omitted by the Applicant. 2) The Applicant sought a direction under section 231A of the Housing Act 2004 that the Respondent be required to remedy the alleged breach within a reasonable period and suggested 28 days.[4]Directions were issued on 24 April 2025 under which the Applicant was required to send a bundle of relevant documents to the Tribunal and the Respondent by 22 May 2025. The Respondent in return was required to send a bundle of relevant documents to the Tribunal and the Applicant by 5 June 2025.[5]The Applicant complied with Directions. The Respondent did not make any reply to the Directions or the Applicant’s statement of case or documents in support.[6]Both parties were informed that an In Person hearing would take place at 11.30 on 6 August 2025. The venue for the hearing was confirmed on 11 June 2025. Inspection of the Site and Pitch[7]The Tribunal inspected the Site and the pitch of 4 East Avenue at 10.00 a.m. on 6 August 2025 in the presence of Mr David Blake, the Applicant’s Operations Manager. The Tribunal had intended to do so in the presence of Mr Newberry. The Tribunal Judge knocked very firmly on the door of the Home several times and called out to Mr Newberry, but there was no answer.[8]The main part of the Site is rectangular with a site road, Central Avenue, the length of the Site, north to south, flanked by two site roads, West Avenue and East Avenue. Off these site roads are the pitches.[9]The Site is in good condition and the pitches are generally well kept.[10]The Tribunal went to inspect 4 East Avenue. The Home is end on to the road near the entrance to the Site and the pitch extends to only a few metres to either side making it relatively easy to maintain. Notwithstanding that Mr Newberry was not present, the Tribunal was able to view the exterior of the Home and view all the area of the pitch around the Home from the roadside, the door step, and an adjacent vacant pitch.[11]The pitch was overgrown. The rear of the Home was covered in brambles and other plants which were beginning to invade the Home itself by causing the tiles on the roof to lift and the guttering to be distorted. Looking at the Home from the road there are two doors on the right-hand side, the rear of which was virtually unapproachable due to the quantity of vegetation. The left-hand side of the pitch was less overgrown due to the Occupier of the neighbouring pitch on that side having kept the plants in check and preventing them from intruding on to that pitch. However, the shed on that side could hardly been seen and could not be used due to the quantity of vegetation surrounding it. The Law[12]The relevant sections of the legislation are set out in Appendix 2. Evidence and Submissions[13]The Applicant provided a written statement in the form of a witness statement by Mr David Blake, the Applicant’s Operations Manager prior to the Hearing. No statement, evidence or submissions were provided by the Respondent prior to the Hearing.[14]A Hearing took place on 6 August 2025 which was attended by Mr David Blake, the Applicant’s Operations Manager. The Respondent did not attend. Applicant’s Case[15]In accordance with the Directions the Applicant provided a copy of the Written Statement of Agreement for the occupation of the pitch by the Respondent. The Agreement dated 1 August 1979 was originally between the Applicant’s predecessor, Godfrey Davis Park Homes Limited, and the Respondent’s predecessor, Ian Francis McLean, who was succeeded on 26 August 2009 by Diane Violet McLean who assigned the Agreement to the Respondent on 26 February 2016. The Site was transferred to the Applicant in 2004.[16]The Applicant also provided a copy of the Park Rules. The relevant rule was Park Rule 3, which states: “Trees and Shrubs and other planting must not be permitted to grow to a size or shape to interfere with a neighbour’s pitch. Vegetables are not to be grown.”[17]The Applicant also provided a copy of the Site Licence.[18]The written statement of case provided by the Applicant was in the form of a witness statement by Mr David Blake, the Applicant’s Operations Manager. The following is a summary of that statement and the oral evidence given by Mr Blake at the Hearing.[19]The Applicant said it was notified by the park management team in June 2024, regarding concerns that the pitch was not being maintained. The Applicant said that pitch is overgrown with long vegetation to all sides of the park home. The rear of the home is inaccessible due to overgrowth of brambles and hedging. Much of the area to the rear of the home has started to grow against the home which will unfortunately, in time, allow for water ingress. Part of the overgrown area to the side of the park home is also encroaching onto the neighbour's pitch.[20]The Applicant wrote to the Respondent expressing concerns regarding the general appearance of the garden. The Respondent was further advised that by not maintaining the pitch could be a fire risk and an ideal nesting area for vermin. The Applicant asked that a general tidy of the pitch was carried out, with grass, hedging to be cut to an acceptable level. The Applicant asked that the matter was resolved within 7 days.[21]A copy of the letter dated 26 June 2024 and images of the pitch were provided. The letter stated: “From a recent park walk, it has been brought to our attention that there is a requirement for some works to be carried out to improve your garden, by maintaining the area to bring the pitch up to standard. When a pitch is not maintained, we generally receive complaints regarding the condition of it and seeking a remedy. We have now reached that stage and therefore we urgently need to resolve the situation. You will of course appreciate that by not maintaining your pitch/home creates a breach of the Terms of the Agreement and could also create a possible infringement of the Site Licence issued by the Local Authority. As you will understand long grass and vegetation must be cut at frequent and regular intervals where necessary to prevent it becoming a fire hazard to park homes, buildings, or other installations on the site. Further consideration must be given as long vegetation, can also be an ideal nesting area to vermin at all times of the year. To remedy the breach of the pitch maintenance, the following is required [within 7 days by 3 July 2024]:• A general tidy and clearance of the garden.• Grass, hedging and brambles to be cut to an acceptable level.• All garden waste to be disposed of in accordance with council guidelines.”[22]The Applicant said the Respondent did not acknowledge nor respond to the letter.[23]The Applicant said a further letter was sent to the Respondent reiterating the requirement for maintenance to the pitch. The Applicant also raised concerns regarding the hedging which was growing against the home. The Respondent was advised that this could potentially cause water ingress into the home. The Respondent was asked to maintain the pitch within 7 days.[24]A copy of the letter dated 9 July 2024 was provided which stated: “Despite our letter requesting that attention was given to your garden and to maintain in accordance with the Terms of the Agreement, we are disappointed to learn that there is still a requirement for this work to be carried out. In accordance with the Written Statement under Mobile Homes Act 1983 Amendment and part IV of the Express Terms of the Agreement, we would draw your attention to section 3 (f), [which was quoted]. As previously advised, you will understand long grass and vegetation must be cut at frequent and regular intervals where necessary to prevent it becoming a fire hazard to park homes, buildings, or other installations on the site. Further consideration must be given as long vegetation, can also be an ideal nesting area to vermin at all times of the year. To remedy the breach of the pitch maintenance, [the Applicant required within 7 days by 16 July 2024] the following: A general tidy and clearance of the garden.• Grass, Hedging and Brambles to be cut to an acceptable level in line with other homes in the vicinity.• Attention is given to the hedging that is touching the rear of your park home. Hedging will retain water and cause deterioration of the external part of the home. Long term if not addressed. the exterior panels of the park home will be required to replaced or repaired if practical and economical to do so.• All garden waste to be disposed of in accordance with council guidelines. We hope this letter will prompt you to undertake the necessary works to your pitch and to prevent any further action, we would ask that this breach is addressed in accordance with the Terms of the Agreement. We thank you for your understanding and anticipated co-operation regarding this matter.”[25]The Applicant said the Respondent did not acknowledge nor respond to the letter.[26]The Applicant said that a “Letter Before Action” was sent dated 2 August 2024, outlining the contravention of the Terms of the Agreement. Within the letter, the Applicant asked that the pitch was maintained within 7 days and outlined the areas of concern. The Applicant advised the Respondent that if the breach was not remedied, the Applicant would have no alternative but to issue a Notice of Breach and make an application to the Tribunal First-tier (Property Chamber) Residential Property. The Respondent was also advised to contact the Local Authority (Maldon District Council) who may be able to offer advice, support, or local assistance in carrying out the remedial works to the pitch.[27]The Applicant further outlined the available free legal advice, should the Respondent need to seek guidance regarding any of the Applicants correspondence.[28]A copy of the “Letter Before Action” dated 2 August 2024, was provided the contents of which were the same as the letter dated 9 July 2024 with the addition of the heading Letter Before Action and a paragraph which stated: “Legal Advice You may wish to consider taking independent legal advice. Advice is available from a solicitor or other suitably qualified professionals. Solicitors and suitable legal professionals may be sourced by telephoning The Law Society on 020 7320 5650 (www.lawsociety.org). Alternatively, free independent advice may be available from the following organisations.• The Leasehold Advisory Service 020 7832 2500• Citizens Advice (www.citizensadvice.org.uk)• Community Legal Advice: 0845 345 4345 (www.clsdiret.org.uk)”[29]The Respondent did not acknowledge nor respond to the letter.[30]The Applicant said it had been unable to resolve the breach with the Respondent and issued a Notice of Breach which was sent by First Class Post and by Hand. The Respondent was advised that long grass and vegetation should be cut at regular intervals to stop it becoming a fire hazard to other park homes, buildings or other installations on the site. The Respondent was further advised that by not maintaining the garden can also attract vermin to the area as long and overgrown grass areas, is an easy camouflage and habitat for vermin to breed. The Applicant gave a further 21 days for the garden to be maintained. Within the Notice of Breach, the Applicant gave 14 days’ notice for the purpose of entering on to the pitch to assess the area accordingly.[31]A copy of the “Notice of Breach” dated 11 September 2024, was provided the contents of which were the same as the letter dated 2 August 2024 with the addition of the heading and introductory paragraphs which stated: “Re: Notice of Breach - 4 East Avenue - Maintenance of Pitch in Accordance with the Terms of the Agreement We are writing to you as the owners and Operators of Riverview Park (“the park"). Our address for service of documents is The Berkeley Leisure Group Limited, West Coker House, West Coker, Yeovil, Somerset BA22 93W. You own a mobile home stationed on the pitch at 4 East Avenue, Riverview Park, Fambridge Road, Althorne, Chelmsford, Essex, CM3 GDD (“the pitch”). Your entitlement to site your mobile home on the pitch is pursuant to the terms of an Agreement dated (1 August 1979) and assigned to you on (22l February 2016) (“the Agreement”). We are serving a Notice of Breach for the reasons listed below. We Berkeley Leisure Group Limited, requires you to remedy the breach within a reasonable time and this letter is that notice.”[32]There were also concluding paragraphs which stated: “We hope this letter will prompt you to undertake the necessary works to your pitch. The Berkeley Leisure Group Limited requires that you carry out this work within a reasonable timeframe. In this case, we suggest a reasonable period is 21 days from the date of this letter, therefore, we kindly request that the breach is remedied by 2nd October 2024. To allow us to further assess this matter accordingly, we will be carrying out a pitch assessment on 2nd October 2024 and between the hours of 9:00am — 11:00am. Please accept this letter as 14 days' notice to enter upon your pitch for this purpose. The assessment will be carried out by our Area Manager Mr Sean Buckley. Please do not change any plans you may have as there is no requirement for you to be present during the inspection and we will be as quick as possible. We will only be accessing your pitch and there is no requirement for us to see inside your home. We will not knock on your door so as not to disturb you, but all we ask is that for ease of access, please ensure any gates are unlocked during the above times as we will need access to all areas around your pitch to carry out the inspection. As previously advised, you could further contact your Local Authority Maldon District Council, who may be able to offer advice on support or local help to assist you with the remedial works to the pitch. Unfortunately, if we are unable to resolve this matter within the timeframe as above, we will have no alternative but to make an application to the Tribunal First—tier (Property Chamber) Residential Property, for a declaration that you are in breach and an order that you must remedy the said breach. Should you have any questions, please do not hesitate to contact either our park office or our head office, and we will be more than happy to work with you to resolve this matter. We thank you for your understanding and anticipated co-operation regarding this matter.”[33]A “Legal Advice” paragraph was included as stated above.[34]The Applicant added that there was a similar contravention of the Agreement by the Respondent regarding maintenance to the pitch in 2023, and the contravention was resolved within 5 days.[35]The Applicant said it believed that they had attempted to address the breach with the Respondent however without acknowledgement or contact the breach has been difficult to address and resolve.[36]At the hearing Mr Blake for the Applicant said that the Tribunal will have noted that the pitch was overgrown and that the Respondent had not taken any action to clear or tidy the pitch.[37]He said that reference had not been made to a breach of the Park Rule that “planting must not be permitted to grow to a size or shape to interfere with a neighbour’s pitch” as the adjacent pitch to the right-hand side was vacant and the neighbour to the left had ensured the plants had not intruded.[38]In response to the Tribunal’s questions Mr Blake said that the latter part of the paragraph in the original form of the Agreement which gives the Site Owner a right “to enter upon the pitch and carry out such work as may be necessary and the costs of such work shall be payable by the occupier forthwith” was omitted from the Applicant’s Application. He said that under paragraphs 12 to 15 of the Written Statement the owner had a limited right of entry to the pitch.[39]Mr Blake said that the park team at the Site had attempted to speak with the Respondent during their regular assessment of the Park, but unfortunately, the Respondent walked away on each occasion and refused to engage. He said that the Site Owner is not permitted to randomly call upon Residents.[40]Mr Blake added that the Applicant did not seek costs or the reimbursement of Application or Hearing Fees. Respondent’s Case[41]The Respondent did not submit any written or oral evidence or make written or oral submissions either prior to or at the Hearing. Decision[42]The Tribunal considered the evidence and submissions both written and oral presented by the Applicant none having been received from the Respondent.[43]The Tribunal was satisfied that every effort had been made to ensure that the Respondent had been made aware of:• the opportunity he had to present his case,• the gravity of the matter, and• the organisations which would be able to advise him.[44]Firstly, the Tribunal considered whether the Respondent was in breach of the Terms of the Agreement as per the Written Statement under Mobile Home Act 1983 Amendment and Part IV of the Express Terms of the Agreement under paragraph 3 (f) which states: “To keep the pitch and all fences sheds outbuildings and gardens thereon in a neat and tidy condition.[45]The Tribunal found from the evidence adduced by the Applicant and its Inspection that the Respondent was in breach of Rule 3 and so also in breach of paragraph 3 (f) of Part IV of the Express Terms of the Written Statement of Agreement.[46]Secondly the Tribunal considered a reasonable time in which the breach must be remedied. In doing so the Tribunal took into account:• The seriousness of the consequences of the breaches in that the Site Owner may apply to the County Court for the Respondent’s Written Statement to be terminated forthwith under Paragraph 4 of the Written Agreement which, if granted, will mean he would lose the right to his pitch.• That the breach could be relatively easily remedied by the Respondent, particularly if he sought help.[47]The Tribunal therefore determines that the Respondent is in breach of paragraph 3 (f) of Part IV of the Express Terms of the Written Statement of Agreement.[48]The Tribunal makes a direction under section 231A of the Housing Act 2004 that a reasonable time for the Respondent to remedy the breach is by 31 October 2025. Judge JR Morris APPENDIX 1 - RIGHTS OF APPEAL[1]If a party wishes to appeal the decision to the Upper Tribunal (Lands Chamber) then a written application for permission must be made to the First-tier Tribunal at the Regional office which has been dealing with the case.[2]The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application.[3]If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed despite not being within the time limit.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e., give the date, the property and the case number), state the grounds of appeal, and state the result the party making the application is seeking. APPENDIX 2 – THE LAW[1]Section 4 of the Mobile Homes Act 1983 (as amended)(1) In relation to a protected site in England, a tribunal has jurisdiction – (a) to determine any question arising under this Act or any Statement to which it applies, and (b) to entertain any proceedings brought under this Act or any such Statement subject to subsection (2) to (6).(2) Subsection (1) applies in relation to a question irrespective of anything contained in an arbitration Statement, which has been entered into before that question arose.(3) In relation to a protected site in England, the court has jurisdiction— (a) to determine any question arising by virtue of paragraph 4, 5 or 5A(2)(b) of Chapter 2, or paragraph 4, 5 or 6(1)(b) of Chapter 4, of Part 1 of Schedule 1 (termination by owner) under this Act or any Statement to which it applies; and (b) to entertain any proceedings so arising brought under this Act or any such Statement, subject to subsections (4) to (6).(4) Subsection (5) applies if the owner and occupier have entered into an arbitration Statement before the question mentioned in subsection (3)(a) arises and the Statement applies to that question.(5) A tribunal has jurisdiction to determine the question and entertain any proceedings arising instead of the court.(6) Subsection (5) applies irrespective of anything contained in the arbitration Statement mentioned in subsection (4).[2]Section 231A of the Housing Act 2004 provides: Additional Powers of First-tier Tribunal and Upper Tribunal(1) The First-tier Tribunal and Upper Tribunal exercising any jurisdiction conferred by or under the Caravan Sites and Control of Development Act 1960, the Mobile Homes Act 1983, the Housing Act 1985 or this Act has, in addition to any specific powers exercisable by them in exercising that jurisdiction, the general power mentioned in subsection (2).(2) The tribunal’s general power is a power to give such directions as the tribunal considers necessary or desirable for securing the just, expeditious and economical disposal of the proceedings or any issue in or in connection with them.(3) When exercising jurisdiction under this Act, the directions which may be given by the tribunal under its general power include (where appropriate)— (a) directions requiring a licence to be granted under Part 2 or 3 of this Act; (b) directions requiring any licence so granted to contain such terms as are specified in the directions; (c) directions requiring any order made under Part 4 of this Act to contain such terms as are so specified; (d) directions that any building or part of a building so specified is to be treated as if an HMO declaration had been served in respect of it on such date as is so specified (and such a direction is to be an excluded decision for the purposes of section 11(1) and 13(1) of the Tribunals, Courts and Enforcement Act 2007); (e) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise. (3A) …(4) When exercising jurisdiction under the Mobile Homes Act 1983, the directions which may be given by the tribunal under its general power include (where appropriate)— (a) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise; (b) directions requiring the arrears of pitch fees or the recovery of overpayments of pitch fees to be paid in such manner and by such date as may be specified in the directions; (c) directions requiring cleaning, repairs, restoration, re-positioning or other works to be carried out in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions; (d) directions requiring the establishment, provision or maintenance of any service or amenity in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions.[3]Schedule 1 Part 1 Chapter 2 of the Mobile Homes Act 1983 Termination by owner[4]The owner shall be entitled to terminate the agreement forthwith, if on the application of the owner, the appropriate judicial body (County Court)—(a) is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time; and(b) considers it reasonable for the agreement to be terminated.[5]The owner shall be entitled to terminate the agreement forthwith if, on the application of the owner, the appropriate judicial body—(a) is satisfied that the occupier is not occupying the mobile home as his only or main residence; and(b) considers it reasonable for the agreement to be terminated. 5A. (1) This paragraph applies in relation to a protected site in England. (2) The owner is entitled to terminate the agreement forthwith if— (a) on the application of the owner, a tribunal has determined that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site; and (b) then, on the application of the owner, the appropriate judicial body, having regard to the tribunal’s determination and to any other circumstances, considers it reasonable for the agreement to be terminated. (3) Sub-paragraphs (4) and (5) apply if, on an application to the tribunal under sub-paragraph (2)(a)— (a) the tribunal considers that, having regard to the present condition of the mobile home, it is having a detrimental effect on the amenity of the site, but (b) it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in the mobile home not having that detrimental effect, and(c) the occupier indicates to the tribunal that the occupier intends to carry out those repairs. (4) In such a case, the tribunal may make an interim order— (a) specifying the repairs that must be carried out and the time within which they must be carried out; and (b) adjourning the proceedings on the application for such period specified in the interim order as the tribunal considers reasonable to enable the repairs to be carried out. (5) If the tribunal makes an interim order under sub-paragraph (4), it must not make a determination under sub-paragraph (2) (a) unless it is satisfied that the specified period has expired without the repairs having been carried out. Owner’s right of entry to the pitch[12]The owner may enter the pitch without prior notice between the hours of 9 a.m. and 6 p.m.(a) to deliver written communications, including post and notices, to the occupier; and(b) to read any meter for gas, electricity, water, sewerage or other services supplied by the owner.[13]The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances.[14]Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in paragraph 12 or 13 only if he has given the occupier at least 14 clear days' written notice of the date, time and reason for his visit.[15]The rights conferred by paragraphs 12 to 14 above do not extend to the mobile home.