Park owners may notice on their electricity bills that they are being charged a fee each month termed a Feed-in Tariff, but what is this charge and is it recoverable from the home and caravan owners?
Suppliers are required by law to make a Feed-in Tariff charge to any customer which has not registered to generate their own electricity. The proceeds are used to make payments to customers who have done so. read more
As owners of residential parks in England will know the regulations providing for consultation on, amendment of and deposit with local authorities of, park rules have now come into force. Members of the BH&HPA will have received guidance on the consultation and deposit procedure including precedent letters and park rules and are being invited to attend workshops on this subject being put on by the BH&HPA around the country in May. read more
The Climate Change Levy (“CCL”) is a government imposed tax on the supply of specified energy products such as electricity or gas for business or non-domestic purposes.
Where the electricity or gas supply is wholly or partly for domestic use that part of the supply will qualify for a reduced rate of VAT and will be exempt from CCL charges. read more
In the recent case of Hills Leisure UK Limited -v- Shepherd the First-tier (Property) Tribunal, “the Tribunal”, had to first consider whether it had jurisdiction to terminate a Mobile Homes Act Agreement. read more
In the case of Turner -v- Cooper, the First Tier Tribunal (Property Chamber), “the Tribunal” provided further clarification on who would be responsible for the removal of a tree growing on a homeowner’s pitch.
The case was regarding a tree which had shed several branches and needed to be felled. The Tribunal was asked to determine who was liable for the cost of removing the tree, the park owner or the homeowner on whose pitch the tree was located. read more
All park owners at some point are likely to encounter a resident who fails to pay their pitch fees and starts accruing a debt. By virtue of the term implied by paragraph 21, Schedule 1, Part 1, Chapter 2 of the Mobile Homes Act 1983, as amended, into any residential agreement (“the Agreement”) a resident is obliged to pay the pitch fees and any failure to do so will be a breach of the Agreement. A park owner in this situation should correspond with the residents informing them of their arrears and seeking their proposals for payment. If a resident is unable to pay in full a park owner may want to consider accepting payment by instalments. read more
The Tozers team is running out on to the pitch at Wembley next Wednesday 29th January ready to speed-date the conference delegates like the premier league lawyers you all know we are. Playing in a classic 1 2 3 formation will be our star players Jill Headford, Paul Kelly and Tracey Bridgwater. read more
From time to time park owners will experience a customer abandoning their caravan at the end of their licence agreement because they cannot afford the cost of removal.
An attractive option for dealing with abandoned caravans is to either sell or scrap it. However before a park owner is able to do this they must follow a specific procedure set out in the Torts (Interference with Goods) Act 1977, “the Act”. A park owner who fails to follow the set procedure and sells or scraps the caravan may find themselves faced with a disgruntled caravan owner years down the line and the risk of being sued for unlawfully selling their property. read more
The Government has published the Mobile Homes (Site Rules) (England) Regulations 2014 which set out the procedure for residential parks in England to introduce or change park rules.
The Regulations will come into force on 4th February 2014. A key point for park owners is that most current park rules will cease to have any effect on 4 February 2015. Park owners must ensure that they consult on new rules in time! read more
The Data Protection Act 1998, “the Act” applies to all park owners who process personal data. This may relate to records of residents, employees, prospective customers or anyone else whose personal information is recorded. The Act covers collecting, holding, disclosing, using and even destroying personal information – so most situations in which personal data may be handled. read more