Frequently Asked Questions – Residential Property Tribunals

1.  I have a dispute with one of my residents. If I can't resolve it, will I have to apply to the Residential Property Tribunal or to the County Court to determine the dispute?

In most cases, you will have to apply to the Residential Property Tribunal (RPT) unless what you want to do is to terminate the resident's Mobile Homes Act agreement (for a reason other than the condition ground for termination).

Since 30 April 2011 the Residential Property Tribunal has had jurisdiction to determine the majority of disputes under the Mobile Homes Act 1983 and Mobile Homes Act agreements.

2.  Are there any time limits for making an application to the Residential Property Tribunal which I have to watch out for?

Yes, the law in general stipulates time limits in which that you have to bring a claim before the appropriate forum otherwise you lose the opportunity to have your claim decided.

However, if the pitch fee review letter was served after 30 April 2011 and 28 days before the review date and not all of the residents have agreed the review, you have 3 months from the review date to apply to the Residential Property Tribunal to determine the review against these residents.

If the pitch fee review letter was served before 30 April 2011 and the review has not been agreed, subject to the general law of time limits for bringing actions, you have until 29 April 2012 in which to make an application to the County Court.

3.  If I have to make an application will I have to pay a fee to the Residential Property Tribunal? If so, how much will I have to pay?

Yes, unless you are applying to have the pitch fee set by the Residential Property Tribunal in which case, no fee is payable.

The fee will depend on the number of issues you want the Residential Property Tribunal to determine and the number of mobile homes that will be involved in the claim.

The minimum fee you will pay to the Residential Property Tribunal is currently £150.

4.  Where do I send my application to?

There are 5 centres in England which will entertain applications. These centres are in London, Manchester, Birmingham, Cambridge and Chichester.

5.  My park is in Devon. Will I have to travel to Chichester which is the nearest centre to me when my case is decided?

No, probably not. It's likely that the venue for the hearing will be local to your park. Your case may be heard in a village hall.

6.  If I apply to the Residential Property Tribunal or I receive paperwork from the Residential Property Tribunal which says that an application has been issued against me what will happen next?

The Residential Property Tribunal will give directions for the parties to follow which will usually include a provision requiring the parties to state their case fully and to serve witness statements and all other evidence. At this early stage the Tribunal is likely to indicate when the final hearing will take place. Sometimes you will be asked initially to tell the Tribunal if you accept what the residents are saying, or if you want to defend the claim. You may have a limited time in which to do that, so you should read all the paperwork carefully.

7.  I understand that the Residential Property Tribunal is not as formal as Court. Do you think I need legal representation?

The Residential Property Tribunal is not as formal as the Court but it is still a forum for determining legal disputes and you may want a solicitor who is experienced in this area of law to give you advice on the prospects of winning even if you do not retain them to act for you in the proceedings.

8.  Will a Judge decide my dispute?

Not as such, no. The Residential Property Tribunal usually comprises of a panel of 3 members and will include a qualified lawyer who will usually act as the Chairperson. Sometimes 2 members of the panel will make decisions.

9.  If I choose to instruct a solicitor to represent me and if I win, will I get costs?

No, unless the Residential Property Tribunal finds that your opponent has acted vexatiously, frivolously, disruptively, abusively or otherwise unreasonably. The Residential Property Tribunal does have the power to award costs up to £5,000.

10.  Can the resident get legal aid to help them with their case?

No, legal aid is not available for disputes in the Residential Property Tribunal.

11.  What if I am unhappy about the decision from the Residential Property Tribunal on my case. Can I appeal?

Yes, if you have grounds for appeal. The appeal will lie to the Upper Tribunal of the Residential Property Tribunal and you will have a set period of time in which to make any such appeal.

12.  Do I have to worry about the Residential Property Tribunal if my residential park is in Wales?

No, not at the moment! The law which brought about the change in jurisdiction from the County Court to the Residential Property Tribunal is not law in Wales. However, it is anticipated that Wales will follow suit in due course.