Kingsdown Caravan Park Swindon Wiltshire SN25 6PG CHI/00HX/PHI/2024/0007

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/00HX/PHI/2024/0007
Mr A Foley as Chairman of Kingsdown Park Residents AssociationApplicantOaklands Property Developments LimitedRespondent
Mr I R Perry FRICSNone for the ApplicantMr S Gorman for the RespondentDate 16 April 2025Property: Kingsdown Caravan Park Swindon Wiltshire SN25 6PGType of application: Determination of any question arising under the Mobile Homes Act 1983 (as amended)

DECISION

[1]The Tribunal Directs that: The Respondent must, by 7th May 2025 and free of charge, provide to the Applicant copies of all original water and electricity invoices from utility companies relating to the supply of electricity and water to Kingsdown Caravan Park for the period 1st March 2022 to 28th February 2025. The Respondent must also, by 7th May 2025 and free of charge, provide to the Applicant details of all relevant meter readings taken in respect of water and electricity charged to all individual park residents for the same period 1st March 2022 to 28th February 2025. The Respondent must also, by 7th May 2025, provide copies of all the above invoices and meter readings to the Tribunal. Background and Procedural History[2]On 24th July 2024 the Applicant Park homeowner applied to this Tribunal for a determination of any question arising under the Mobile Homes Act 1983 (as amended) or agreement to which it applies.[3]Mr A Foley, the Applicant in this case, is the Chairman of the Kingsdown Park Residents Association.[4]The Tribunal issued Directions on 20th January 2025 requiring the parties to provide initial documentation relevant to the Application.[5]From the correspondence provided by the parties it is clear that there have been errors in the way that water and electricity has been charged to the Homeowners on the site, as confirmed several times by Mr Gorman in correspondence. The Applicant, as Chairman of the Park Residents Association is attempting to reconcile and validate the charges on behalf of the residents. The Law The Mobile Homes Act 1983 Schedule 1 S22 The owner shall— (a)if requested by the occupier, and on payment by the occupier of a charge of not more than £30, provide accurate written details of— (i)the size of the pitch and the base on which the mobile home is stationed; and (ii)the location of the pitch and the base within the protected site; and such details must include measurements between identifiable fixed points on the protected site and the pitch and the base; (b)if requested by the occupier, provide (free of charge) documentary evidence in support and explanation of— (i)any new pitch fee; (ii)any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement; and (iii)any other charges, costs or expenses payable by the occupier to the owner under the agreement;[6]Accordingly, the Tribunal directs that The Respondent shall by 7th May 2025 and free of charge provide to the Applicant copies of all original water and electricity invoices from utility companies relating to the supply of electricity and water to Kingsdown Caravan Park for the period 1st March 2022 to 28th February 2025. The Respondent shall also by 7th May 2025 and free of charge provide to the Applicant details of all relevant meter readings taken in respect of water and electricity charged to all individual park residents for the same period 1st March 2022 to 28th February 2025. The Respondent shall also, by 7th May 2025, provide copies of all the above invoices and meter readings to the Tribunal. Right to Appeal[1]A person wishing to appeal this decision to the Upper Chamber must seek permission to do so by making written application 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. Where possible you should send your further application for permission to appeal by email to rpsouthern@justice.gov.uk as this will enable the First-tier Tribunal to deal with it more efficiently.[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 28day 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.