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Posted 18 July 2014
Tribunal decision: pitch fee review
In the recent case of Wyldecrest Parks (Management) Ltd -v- Dracup and others the First Tier Tribunal (Property Chamber) (“the Tribunal”) decided that a valid pitch fee review only required a park owner to serve the pitch fee review form.
This decision is not in line with the Mobile Homes Act 1983, as amended (“the Act”) which clearly provides that a park owner must serve a written notice accompanied by the pitch fee review form on the homeowner in order for a valid pitch fee review to take place. If a written notice and a pitch fee review form is not served the Act provides there will be no valid review.
Despite the Tribunal’s decision, we would advise that all park owners follow the provisions of the Act and serve both a written notice and pitch fee review form on the homeowners. To do otherwise would most likely result in arguments that a park owner has undertaken an invalid pitch fee review and the decision in the Wyldecrest case would not be binding on a Tribunal sitting at a later date.
If you have any questions regarding the pitch fee review contact the parks team on telephone 01392 207020 or email email@example.com