Tuesday, 30 June 2009 00:00
Right now everyone is feeling the pinch and you may have some residents with Mobile Homes Act agreements who are in pitch fee arrears. What can you do?Residents agree to pay the pitch fee when it falls due and failure to pay is breach of the agreement.
You could -
If the resident attends the first hearing and explains why they are in arrears, it is likely that the Court will adjourn the possession proceedings and allow the debt to be repaid in instalments so long as the resident pays the pitch fee as it falls due. If the Court makes such an Order and the resident defaults on its terms, you can apply to restore the possession proceedings and ask the Court to end the agreement to occupy the pitch. This option encourages the resident to keep paying the instalments and the pitch fee on time otherwise they risk losing their home. The Court is also likely to make the resident pay your costs.