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Posted 2 November 2012
Termination: RPT or County Court?
In the case of St Albans City & District Council v Lysaght, the Residential Property Tribunal (RPT) decided that the County Court is not the only judicial body permitted to terminate Mobile Homes Act agreements and that the RPT also has jurisdiction.
This is not in line with previous RPT decisions or our interpretation of the legislation. On reviewing the reasoning given in the St Albans decision, our view remains that the RPT only has jurisdiction to terminate Mobile Homes Act agreements where there is a pre-existing arbitration agreement and the matter is referred to the RPT instead of to an arbitrator.
As such, we would advise against making applications to the RPT for termination in any other circumstances; the matter will, most likely, be transferred to the County Court, wasting time and money in the process.
Contact us for advice if this type of issue arises.