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Posted 1 May 2015
FTT Decision- Can a local authority amend your park rules?
Recently the First Tier Tribunal (Property Chamber) were asked to consider whether the local authority had any power to amend the park rules for a residential park in England.
The facts of the case were as follows. A residential park owner followed the consultation procedure contained within the Mobile Homes (Site Rules) (England) Regulations 2014 to implement a set of park rules. Upon depositing the park rules with the local authority discussions were entered into regarding the validity of one of the rules. The local authority deemed one of the rules to be unenforceable and asked the park owner to amend it. When the park owner refused to do so the local authority amended the park rule itself before publishing the amended rules online.
The Tribunal examined the legislation regarding residential park rules and ruled that the local authority has no power to amend residential park rules. The Tribunal further provided that the local authority were obliged to publish the park rules in the form they were deposited.
If you have any questions regarding the Mobile Homes (Site Rules) (England) Regulations 2014 or if you are interested in subscribing to our Parklaw service contact the Parks team by telephone on 01392 207020 or email firstname.lastname@example.org