Pitch fee arrears

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?

You could -

• either pursue the debt through the Court (it's a small claim if below £5,000) and apply for judgment on the amount of debt. The resident is entitled to continue to live in the home;
• or serve notice of breach on the resident under the Mobile Homes Act 1983 and wait to be paid. If the arrears are not paid within a reasonable period of time, apply to the Court for permission to end the agreement and obtain possession of the pitch.

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.