Park Home Lives

Implied terms - Owner’s obligations
22. The owner shall—
c) be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home;

Clearly the base has failed and it is the responsibility of the site owner to deal with this in a proper manner. The causes for the failure need to be investigated and this requires a survey by a competent person.
If the park owner fails to deal with this properly, you can apply to the First tier Tribunal for a determination.

You could consider engaging a surveyor yourself to properly investigate the problem and provide you with a report. You should be able to recover the cost of this in due course. You should then send the report to the park owner with any recommendations you receive from the surveyor. The report would be very useful at a Tribunal.

We need to make you aware that in extreme circumstances it is necessary for a home to be moved from the base where this needs to be repaired, to another location on the site which is broadly comparable to the original pitch. This process is too determined by the tribunal as is the restoration of the home to the ori

The advice and recommendations given is for consideration only and it is for the resident to make his/her own decision on action to be taken using the information. The advice is offered in good faith, but we cannot be held responsible for the consequences of any action taken by a resident whether or not it was based on the information given.

The forms can be downloaded in word format for completion from Park homes application forms - GOV.UK (www.gov.uk)

The form you require is PH3 - Application by occupier of a park home or a park home site owner for a determination of any question arising under the Mobile Homes Act 1983 or agreement to which it applies.

The advice and recommendations given is for consideration only and it is for the resident to make his/her own decision on action to be taken using the information. The advice is offered in good faith, but we cannot be held responsible for the consequences of any action taken by a resident whether or not it was based on the information given.

We are aware that a great number of residential park home residents across the UK are supplied energy under business contracts. This is perfectly legal providing you are charged no more per kWh than the site owner is paying himself and providing that the site owner does not pass on to you the climate change levy (CCL) and he only charges you 5% VAT.

We know business contract arrangements can result in higher rates being passed on to the residents particularly where site owners have a deemed contract with a supplier because they have not bothered to negotiate a formal supply contract. Unfortunately, there is no compelling reason or legal requirement that they should and, in many cases, making efforts for the benefit of occupiers is of little or no interest to many site owners.

The advice and recommendations given is for consideration only and it is for the resident to make his/her own decision on action to be taken using the information. The advice is offered in good faith, but we cannot be held responsible for the consequences of any action taken by a resident whether or not it was based on the information given.

Vat is payable on domestic supplies at 5%. Here though is an extract from the Exemptions from Climate Change Levy - GOV.UK (www.gov.uk) site.
 
Excluded supplies
A supply is excluded from Climate Change Levy if it is for domestic use or used by a charity for its non-business activities.
Domestic users
Domestic use includes:
·        armed forces residential accommodation
·        caravans
·        children’s homes
·        homes for the elderly and disabled
·        hospices
·        houseboats
·        houses, flats or other places of residence (including garages used with them)
·        religious houses including monasteries and nunneries
·        school and university residential accommodation
·        self-catering holiday accommodation
· supplies to community heating scheme

The advice and recommendations given is for consideration only and it is for the resident to make his/her own decision on action to be taken using the information. The advice is offered in good faith, but we cannot be held responsible for the consequences of any action taken by a resident whether or not it was based on the information given.

Firstly, if your supply was coming from the park owners installation then clearly all the infrastructue including pipework would be his responsibility.
It would still be recommended that you raise your question with the park owner in any case.
As you are responsible for the purchase of your own LPG supply which only serves your home, this does give rise to a number of considerations.

If you are paying a third party for the rental of the tank and associated pipework, then this would be their responsibility. You need to check any existing contracts for the supply of your LPG as this might have been included in the contracted supply price. For example, a standing charge will cover Insurance for the tank and maintenance of pipes, valves, pumps, gauges and anything else to do with delivering the gas from the tank to the home. A new LPG supplier should take over these aspects of the installation.
You should check your written agreement to see if initially or at any time since, you have paid for the installation and therefore wholly own this, or whether there is a statement that the installation remains the property of the park owner for which you could be paying an 'administration' fee for the installation.

If there is no evidence that you are paying a standing charge, paying rent to a third party or that the installation remains the property of the park owner or any other body, the installation might be presumed to be yours.
Please remember, you will need to contact the park owner to obtain written permission to undertake any building or ground works prior to them starting.

The advice and recommendations given is for consideration only and it is for the resident to make his/her own decision on action to be taken using the information. The advice is offered in good faith, but we cannot be held responsible for the consequences of any action taken by a resident whether or not it was based on the information given.

The process for the pitch fee review is defined in the Implied Terms (The Act) as follows.

The pitch fee
16. The pitch fee can only be changed in accordance with paragraph 17, either—
(a) with the agreement of the occupier, or
(b) if the appropriate judicial body, on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee.  
17.—(1) The pitch fee shall be reviewed annually as at the review date. (from when a new fee becomes payable.)

(2) At least 28 clear days before the review date the owner shall serve on the occupier a written notice setting out his proposals in respect of the new pitch fee.

(2A) In the case of a protected site in England, a notice under subparagraph (2) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A. (SI 2023/620)

We have attached the legally prescribed form for 2023 (SI 2023/620) for your information. The pitch fee review is deemed to invalid if not presented using this format. The content of the form is described in Term 25A.

25A(1) The document referred to in paragraph 17(2A) and (6A) must—(a) be in such form as the Secretary of State may by regulationsprescribe,(b) specify any percentage increase or decrease in the retail prices index calculated in accordance with paragraph 20(A1),(c) explain the effect of paragraph 17,(d) specify the matters to which the amount proposed for the new pitch fee is attributable,(e) refer to the occupier’s obligations in paragraph 21(c) to (e)and the owner’s obligations in paragraph 22(c) and (d), and(f) refer to the owner’s obligations in paragraphs 22(e) and (f) (as glossed by paragraphs 24 and 25).
(2) Regulations under this paragraph must be made by statutory instrument.

The pitch fee review notice itself is a letter, there is no prescribed format but there are requirements for this to contain certain information without which, again the pitch fee review can be deemed to be invalid.

The pitch fee review notice is required to show the following.

The full name and address of the park operator who is requesting the payment.
The full and correct name and address of the occupier.
The notice should state@
It is the notice of pitch Fee Review.

The date of the review, which is the date when the new, if agreed, fee becomes payabls
The current pitch fee
The proposed pitch fee
It should be accompanied by the correctly completed SI 2023/620 (attached) form or another which contains all the information shown on the prescribed form.

Owner’s name and address

26.—(1) The owner shall by notice inform the occupier and any qualifying residents’ association of the address in England or Wales at which notices (including notices of proceedings) may be served on him by the occupier or a qualifying residents’ association.
(2) If the owner fails to comply with sub-paragraph (1), then (subject to sub-paragraph (5) below) any amount otherwise due from the occupier to the owner in respect of the pitch fee shall be treated for all purposes as not being due from the occupier to the owner at any time before the owner does so comply.
(3) Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents’ association, the notice must contain the following information—(a) the name and address of the owner; and(b) if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner.
(4) Subject to sub-paragraph (5) below, where—(a) the occupier or a qualifying residents’ association receives such a notice, but(b) it does not contain the information required to be contained in it by virtue of subparagraph (3) above, the notice shall be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.
(5) An amount or notice within sub-paragraph (2) or (4) (as the case may be) shall not be treated as mentioned in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges.
(6) Nothing in sub-paragraphs (3) to (5) applies to any notice containing a demand to which paragraph 27(1) below applies.

If you have been given the pitch fee review in any other format, with information missing or with errors, the review is invalid.

The advice and recommendations given is for consideration only and it is for the resident to make his/her own decision on action to be taken using the information. The advice is offered in good faith, but we cannot be held responsible for the consequences of any action taken by a resident whether or not it was based on the information given.

This is a matter which has been published on the Leasehold website. It is the responsibility of the site owner. If he refuses to deal with the matter, you can apply to the Tribunal for an order. You should also ask for the reimbursement of any costs you have incurred in obtaining quotations and in applying to the Tribunal.

A link is here.  Dangerous trees on residential park home sites - Park Homes (lease-advice.org)

The summary is as follows.

THE DECISION
The Tribunal’s view was that one should look at the responsibility of the park home owner first. Once this has been established, the remaining responsibilities are with the site owner. The Tribunal determined that the obligation on the park home owner to keep the pitch clean and tidy does not extend to the removing of a tree which needs to be felled because it is dangerous.
The only mention of trees in the implied terms refers to the site owner being obliged to keep the trees in a clean and tidy condition. The Tribunal used this reasoning to explain that the obligation to remove a dangerous tree would be the responsibility of the site owner, as the pitch and importantly the tree does not belong to the park home owner – but the site owner.
In its conclusion, the Tribunal determined that any ambiguity should be resolved in favour of the park home owner. After all, the tree in question was planted by the site owner or a predecessor in title and thus it will be unfair to expect a park home owner to be responsible for removing the tree.

FUTURE IMPACT
Following on from this decision, it may be a good idea to contact a qualified arboriculturist (tree specialist) in order to ascertain if the tree is in a dangerous condition.
It is important to note that this decision does not have a binding effect on park home matters pertaining to trees. However, if the tree is dangerous (regardless of whether it is within a specific pitch or in a communal area), site owners may wish to ensure that dangerous trees are removed as soon as possible for two reasons:

1. A Tribunal may hold that a site owner is obliged by Mobile Homes Act 1983 to remove the tree; and
2. The site owner could be open to damage to property claims and/or personal injury claims from park homeowners or visitors to the site.

If you need any further information on Trees in the Park Home context, please do not hesitate to contact LEASE telephone advice line on 020 7832 2525 or Nicholas Dyson Head of the Holiday & Home Parks Team at Blacks Solicitors LLP on 0113 2279 344 or NDyson@LawBlacks.com.
Clearly your case is identical to this.

The advice and recommendations given is for consideration only and it is for the resident to make his/her own decision on action to be taken using the information. The advice is offered in good faith, but we cannot be held responsible for the consequences of any action taken by a resident whether or not it was based on the information given.