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Posted 13 December 2013
by Paul Kelly

Recovering the costs of improvements through the pitch fee

Park owners who plan to make improvements to their park and recover the costs through the pitch fee must follow a certain procedure.

The Mobile Homes Act 1983, as amended, implies terms into the Written Statement (“the Agreement”) which provide that a park owner must consult with all individual homeowners and any Qualifying Resident’s Association (“the QRA”) on the park about any improvements which are intended to be recovered through the pitch fee.

Under the consultation procedure the park owner must write to the owners of the homes and any QRA on the park, providing information as set out in the implied terms of the written agreement and allowing at least 28 clear days for the residents to respond.

The park owner must take into account any representations made by the homeowners and the QRA before proceeding with any plans.

If a majority of the owners of the homes respond in writing to the consultation, disagreeing with the proposed recovery of the costs of the improvement in the next pitch fee review, an application must be made by the park owner to the tribunal for determination of the matter.  If a park owner was to proceed with an improvement in these circumstances without the tribunal’s approval then expenditure for the improvement could not be taken into account in the next pitch fee review.

If you have any questions relating to the recovery of the costs of improvements in a pitch fee review then please contact the parks team by telephone 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