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Posted 31 October 2014
by Paul Kelly

First-tier Tribunal – refusal orders

Recently the First-tier Tribunal (Property Chamber) (“the Tribunal”) has struck out an application for a refusal order on the basis that the park owner failed to comply with the procedure prescribed by the Mobile Homes Act 1983, as amended (“the Act”).

The facts of the case are as follows. The park owner made an application for a refusal order on the basis that a member of the proposed purchaser’s household did not comply with the park’s age rule. A notice of the application was sent to the homeowner by recorded delivery. The notice was not delivered and the park owner was notified by the post office that they had not been able to deliver because the homeowner no longer lived in the mobile home.

The tribunal ruled that the procedure prescribed by the Act had not been complied with because it requires the park owner to ensure the notice is received by the homeowner. Since the letter was returned this was positive evidence that the notice had not been received.

When sending the homeowners notice of a tribunal application in these circumstances we would suggest park owners send the notice by first class post and/or hand delivery as well as recorded delivery to ensure delivery is effected and deliver the notice as early as possible in the 21 days period.  If there is any suggestion that the homeowner is no longer resident in the home then the park owner will need to make enquiries to ascertain the homeowner’s current address in order to be able to deliver the notice and comply with the procedure in the Act.

If you any questions relating to the sale of a mobile home 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