61 Arundle Drive 12 Kingsmead 18 Kingsmead 58 Kingsmead 11 Penarth Gardens 15 Penarth Gardens 25 Penarth Gardens all at Thornlea Park Wick Littlehampton West Sussex BN17 7PY HAV/45UC/PHI/2025/0706-0713
DECISION
[1]On 1st October 2025 the Tribunal determined the proposed increases in pitch fees for the Properties are reasonable and determines the respective pitch fees with effect from 1st January 2025 to be:- Mr Rae, 61 Arundle Drive, £192.06, Mr and Mrs Hawkes, 12 Kingsmead, £239.35 Executors of Mrs Krywiczanin, 18 Kingsmead, £248.19 Mrs King 35 Kingsmead, £191.91 Mr Blake and Mrs Shea, 58 Kingsmead, £238.66 Mr Hutchin, 11 Penarth Gardens, £212.53 Mr Keeling, 15 Penarth Gardens, £192.06 Executors of Mrs Farrell, 25 Penarth Gardens, £209.79 Background[2]On 17th March 2025 the Applicant, owner of the park site, sought determinations of the pitch fees payable by the Respondents with effect from 1st January 2025[3]A Pitch Fee Review Form dated 21st November 2024 with the prescribed information had been served on each of the Respondents proposing increases by an amount which the site owner says represents only adjustments in line with the Consumer Price Index (“CPI”).[4]It is noted that the pitch fee review forms that accompanied the notices were dated 21 November 2025, which is assumed to be a typo. The pitch fee review notices are correctly dated 21 November 2024.[5]On 23rd June 2025 the Tribunal issued Directions to the effect that the cases could be heard together based on papers without an oral hearing.[6]The Directions provided that the application form and accompanying papers should stand as the Applicant’s statement of case.[7]The Respondents were required to submit any representations to the Tribunal by 14th July 2025.[8]The only response received was from Mrs Farrell-Cade as executor for the late Mrs Farrell of 25 Penarth Gardens who confirmed that she had no objection to the increase. Consideration and Decision[9]The Park is a protected site within the meaning of the Mobile Homes Act 1983 (as amended). The definition found within Part 1 of the Caravan Sites Act 1968 includes a site where a licence would be required under the Caravan Sites and Control of Development Act 1960 if the exemption of local authority sites were omitted. HAV/45UC/PHI/2025/0706-0713 3[10]The Respondents’ right to station their mobile homes on the pitch is governed by the terms of the written Agreement with the Applicant and the provisions of the Act.[11]The Applicant served each of the Respondents with the prescribed form proposing the new pitch fee on 21st November 2024 which was more than 28 days before the review date for each pitch, that is 1st January 2025.[12]The Tribunal is satisfied on the evidence provided that the Applicant has complied with the procedural requirements of paragraph 17 of Part 1 of Schedule 1 of the Act to support applications for an increase in pitch fee in respect of the pitch occupied by each Respondent.[13]The Tribunal is required to determine whether the proposed increase in pitch fee is reasonable in each case. The Tribunal is not deciding whether the overall level of the pitch fee is reasonable in each case.[14]The Tribunal is required to have regard to paragraphs 18,19 and 20 of Part 1 of Schedule 1 of the Act when determining a new pitch fee. Paragraph 20(1) introduces a presumption that the pitch fee in each case shall rise by a percentage that is no more than any percentage increase or decrease in the CPI since the last review date.[15]In all of these cases the Applicant has restricted the proposed increase in the pitch fee to the percentage increase in the CPI for October 2024, published in November 2024, that is 2.3% in each case.[16]The site owner states that it has not spent any money on improvements which are for the benefits of the occupiers of the park homes nor has there been any deterioration in the condition or amenity of the site since the last review.[17]None of the Respondents have disputed their respective increase and, apart from Mrs Farrell-Cade of 25 Penarth Gardens who accepted the increase, none have made any representation to the Tribunal. Determination[18]Given the above circumstances the Tribunal considers that the proposed increases are reasonable and determines that the pitch fee in each case from 1st January 2025 shall be:- Mr Rae, 61 Arundle Drive, £192.06 Mr and Mrs Hawkes, 12 Kingsmead, £239.35 Executors of Mrs Krywiczanin, 18 Kingsmead, £248.19 Mrs King, 35 Kingsmead, £191.91 Mr Blake and Mrs Shea, 58 Kingsmead, £238.66 Mr Hitchin, 11 Penarth Gardens, £212.53 Mrs Keeling, 15 Penarth Gardens, £192.06 Executors of Mrs Farrell, 25 Penarth Gardens, £209.79 RIGHTS OF APPEAL HAV/45UC/PHI/2025/0706-0713 4[1]A person wishing to appeal this decision to the Upper Tribunal (Lands 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. Where possible you should send your application for permission to appeal by email to rpsouthern@justice.gov.uk as this will enable the First-tier Tribunal Regional office to deal with it more efficiently.[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.