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Posted 30 September 2014
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Mobile Homes (Wales) Act 2013

On 1 October 2014 the Mobile Homes (Wales) Act 2013 (“the Act”) will come into force for all Welsh residential parks introducing changes to the pitch fee review, the selling and gifting process and the site licensing regime.

Park owners of Welsh residential parks will need to ensure they are familiar with the provisions of the Act.

In particular, from 1 October 2014, park owners of residential parks in Wales will have 6 months to apply for a new site licence and satisfy the “fit and proper” person test by making an appropriate declaration in either their name or the name of the park manager. Where a park owner fails to comply with this requirement the park will be at risk of having to repay all of the park’s revenues such as pitch fees, commissions and revenues from the sale of the park homes.

Park owners will need to ensure that when they are carrying out a pitch fee review they use the Government prescribed pitch fee review form and use the Consumer Prices Index (“CPI”) figure to calculate the percentage increase or decrease of the pitch fee. If a park owner failed to follow the new provisions they are at risk of a Tribunal ruling their pitch fee review as invalid.

The process of gifting and selling will also be changed to limit the involvement of the park owner and introduce the offence of sale blocking. Park owners need to be familiar with these provisions to avoid any sale blocking accusations.

If you have any questions regarding the Mobile Homes (Wales) Act 2013 contact the parks team by telephone on 01392 207020 or email parks@tozers.co.uk

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