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Posted 27 June 2014
Park owners – First Tier Tribunal – Refusal Order
In the recent case of Hills Leisure UK Limited -v- Mr and Mrs Roalfe the First Tier Tribunal (Property Chamber) (“the Tribunal”) provided further clarification on the procedure for making an application for a refusal order.
The case involved a park owner who was served with a notice of proposed sale indicating that the proposed purchaser had one dog, which was a breach of the park rules. The park owner sent an application to the Tribunal on 1 May 2014 for a refusal order on the grounds that the proposed purchaser would breach a park rule concerning pets. On the same day the park owner sent Mr Roalfe a notice informing him that an application had been made. The Tribunal did not receive the application until 6 May 2014.
Mr and Mrs Roalfe argued that the application should be struck out on the basis that a valid notice had not been served. They argued that the notice was invalid on the basis that their Mobile Homes Act Agreement detailed them both as occupiers of the mobile home but the notice informing them of a Tribunal application was only addressed to Mr Roalfe.
The Tribunal held that Schedule 1, Part 1, Paragraph 7B of the Mobile Homes Act 1983, as amended, requires the notice of an application for a refusal order to be sent to the occupier within 21 days. Both Mr and Mrs Roalfe are the occupiers and therefore the notice should have been addressed to them both. By only addressing the notice to Mr Roalfe, Mrs Roalfe is deemed to have not been given notice within the 21 day period and therefore the application is treated as having not been made.
The notice was further held to be invalid on the basis that at the time the notification was sent to Mr Roalfe an application had not been made to the Tribunal. The Tribunal stated that an application is not deemed to have been made until they have received it. This means the park owner’s application was not made until 6 May 2014 and therefore a notice should not have been served until this date. A notice served before this date was not a notice of an application made to the Tribunal.
Park owners need to ensure that when making an application to the Tribunal for a refusal order they follow the procedure exactly as otherwise a park owner will be at risk of having their application struck out.
If you have any questions regarding an application for a refusal order contact the Parks team by telephone on 01392 207020 or email at email@example.com