5 Sycamore Way, Glenholt Park, Glenfield Road, Plymouth, PL6 7NQ CHI/00HG/PHI/2022/0077
DECISION
[2]The Tribunal determines that the Applicant may increase the Respondent’s current pitch fee to £142.55 per month with effect from 1 April 2022.[3]The reasons for the Tribunal’s decision are set out below.REASONS
[1]On 16 February 2022, the Applicant site owner served a Pitch Fee Review Notice on the Respondent proposing an increase in pitch fee from £132.24 per month to £142.55 per month with effect from 1 April 2022.[2]The Respondent did not accept the review and continued to pay the pitch fee at the rate of £132.24 per month.[3]On 27 June 2022, the Applicant site owner sought a Tribunal determination of the revised pitch fee of £142.55 per month, with an effective date of 1 April 2022.[4]Paragraph 29 of Schedule 1, Chapter 1 of the Mobile Homes Act 1983 defines the review date as: “the date specified in the written statement as the date on which the pitch fee will be reviewed in each year, or if no such date is specified, each anniversary of the date the agreement commenced; …”[5]The Applicant is unable to provide a copy of the written agreement. Accordingly, the Tribunal required the Applicant to provide evidence that the review date is 1 April each year or that the agreement has been varied, or that the Respondent knowingly agreed to the date specified.[6]Following service by the Tribunal of a Minded to Strike out Notice on 30 September 2022, the Applicant emailed the Tribunal on 14 October 2022 providing a witness statement with documentation which sought to demonstrate why the Applicant believes the review date to be valid. The email was copied to the Respondent.[7]The Applicant stated that pitch fees on this site are generally reviewed annually on 1 April, as confirmed by the previous site owners, and, further, that the Respondent had increased her pitch fee on 1 April 2021 in line with the applicable increase in the Retail Price Index (‘RPI’).[8]The Respondent made no representations on the point.[9]On 28 October 2022, the Tribunal issued Directions accepting a review date of 1 April on the basis of there being no written agreement stating otherwise, the witness statement of the Applicant, and there being no representations from the Respondent.[10]The Directions of 28 October 2022 advised the parties that the application would be determined on the papers unless a party objected within 28 days. The Tribunal received no objections.[11]The Tribunal accepted the application and accompanying witness statement as the Applicant’s case. The Respondent was required, by 18 November 2022, to advise the Applicant whether she agreed or opposed the proposed increase. If opposed, the Respondent was required to file a statement of case and serve it on the Applicant for inclusion in the bundle. The Applicant was provided with the right of a brief reply.[12]By 9 December 2022, the Applicant was required to prepare and submit to the Tribunal, copied to the Respondent, the determination bundle. The bundle, extending to 35 pages, was duly served.[13]References in this determination to page numbers in the bundle are indicated as [ ].[14]The bundle contained no representations from the Respondent. The Applicant, in the witness statement of Stephen Drew, advised that “The Respondent has not received documentation from the Respondent” [34], by which the Tribunal assumes the Applicant to mean that they, and not the Respondent, had received no documentation from the Respondent.[15]The Respondent has not responded to the application and has taken no part in the proceedings.[16]The Tribunal has reviewed the papers and is satisfied that the matter remains suitable for a paper determination.[17]Glenholt Park is a residential mobile home park for owners aged fifty and over. The site provides two hundred and sixty occupied pitches. Glenholt Park is governed by a licence issued by Plymouth City Council dated 29 September 2003 [19].[18]Neither of the parties sought to persuade the Tribunal that an inspection of the property was necessary or appropriate. The Tribunal concluded that the issues could be determined fairly, justly and efficiently on the material available without such an inspection, consistent with the overriding objective of the Tribunal. However, the property and locality were viewed online by the Tribunal via publicly available digital platforms The Law[19]The relevant law is set out in the Mobile Homes Act 1983 (“the Act”), as annexed to this decision.[20]Under the Act, terms are implied into all agreements to which the Act applies. Those implied terms are set out in Chapter 2 of Part 1 of Schedule 1 of the Act.[21]The relevant terms for the purposes of a pitch fee review are set out at paragraphs 16-20 of that part of the Schedule. A review of a pitch fee is governed by three statutory principles: i. The pitch fee can only be changed either with the agreement of the occupier or by determination by the Tribunal; ii. The pitch fee shall be reviewed annually as at the review date; iii. A presumption that the fee will increase or decrease in line with the variation in the Retail Price Index (“RPI”).[22]Paragraph 18 requires the Tribunal, in determining the new pitch fee, to have regard to particular factors: i. Any sums expended by the site owner since the last review date on improvements; ii. Any deterioration in the condition and any decrease in the amenity of the site; iii. Any reduction in the services provided by the site owner and any deterioration in the quality of those services; iv. Any legislative changes affecting costs. Discussion and Determination The Applicant[23]The Applicant acquired Glenholt Park in January 2020.[24]The written agreement, or assignment thereof, under which the Respondent occupies the home was not provided by either party.[25]In the absence of the agreement and for reasons already explained, the Applicant avers the date of the annual pitch fee review to be 1 April.[26]On 16 February 2022, the Applicant issued a Notice of Pitch Fee Review proposing an increase in pitch fee from £132.24 to £142.55 per month with effect from 1 April 2022.[27]The proposed increase in pitch fee amounted to 7.8% and was calculated in accordance with the percentage change in the Retail Price Index for the twelve month period ending in January 2022 [28].[28]In its application, the Applicant indicated that none of the statutory allowances in paragraph 18 of Chapter 2 of Part 1 of Schedule 1 of the Act apply in this matter. Accordingly, the pitch fee review is governed by an increase or decrease in line with the variation in the RPI for the appropriate period.[29]In continuing to pay a pitch fee of £132.24, the Applicant is aware that the Respondent does not accept the reviewed fee. However, the Respondent has submitted no documentation to the Applicant in support of her position.[30]The Applicant therefore contends that the pitch fee has been reviewed in accordance with statute and, by applying the RPI increase for the twelve month period ending January 2022, the appropriate revised monthly fee is £142.55 payable from 1 April 2022. The Respondent[31]No submissions were made by the Respondent. The Tribunal[32]The Tribunal has considered the Applicant’s pitch fee review documentation, evidence and submissions. The Tribunal is satisfied that the Applicant was entitled to serve the Respondent with a notice of increase and that valid documentation has been served within the correct timescale.[33]The Tribunal is satisfied that the RPI increase, calculated as at January 2022, was 7.8%.[34]The Respondent advanced no grounds as to why the statutory presumption in favour of the RPI representing the increase in the pitch fee should be displaced or any challenge to the calculation of the reviewed fee in line with the RPI for January 2022. Nor has the Respondent challenged the validity of the Applicant’s pitch fee review documentation or its timely service.[35]Further, the Tribunal is satisfied that no evidence of any other factors relevant to a pitch fee review have been advanced by the Respondent.[36]The Tribunal determines that the proposed increase in pitch fee is calculated in accordance with the Act.[37]The Tribunal determines that the Respondent is required to pay a pitch fee of £142.55 per month, with effect from 1 April 2022 until further review. RIGHTS OF APPEAL[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to rpsouthern@justice.gov.uk to the First-tier Tribunal at the Regional office which has been dealing with the case.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.