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Posted 15 August 2014
by Paul Kelly

First Tier Tribunal- Pitch Fee Review

In a recent case the First Tier Tribunal (Property Chamber) (“the Tribunal”) determined a further instance where the pitch fee review form will be deemed invalid.

The case involved a park owner, who in error, had used the RPIJ figure of 2.7% rather than the RPI figure of 3.3% when increasing the pitch fee.

The RPIJ is a new inflation index produced by the Office of National Statistics (“ONS”) to address an issue with how clothing prices are measured in inflation figures.

The Tribunal held that the error of using RPIJ invalidated the pitch fee review form as the Mobile Homes Act 1983, as amended (“the Act”) requires the park owner to use RPI when calculating the increase or decrease of the pitch fee. Although the RPIJ figure was lower than the RPI figure, its use was not compliant with the Act and therefore the notice was defective.

Park Owners need to ensure that they carry out the pitch fee review strictly in accordance with the Act as otherwise the Tribunal is likely to rule that the review is invalid.

If you any questions regarding a pitch fee review please contact the parks team by telephone on 01392 207020 or email parks@tozers.co.uk

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About the author

Paul Kelly

Partner

Paul is the managing partner of the firm