Mobile Homes (Wales) Act 2013

The pitch fee E+W

47 (1) The pitch fee can only be changed in accordance with this paragraph, either— E+W

(a) with the agreement of the occupier, or

(b) if a tribunal, on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee.

(2) The pitch fee must be reviewed annually as at the review date.

(3) At least 28 clear days before the review date the owner must serve on the occupier a written notice setting out the owner's proposals in respect of the new pitch fee.

(4) If the occupier agrees to the proposed new pitch fee, it is payable as from the review date.

(5) If the occupier does not agree to the proposed new pitch fee—

(a) the owner may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee,

(b) the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by a tribunal under sub-paragraph (1)(b), and

(c) the new pitch fee is payable as from the review date but the occupier is not to be regarded as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the order of the tribunal determining the amount of the new pitch fee.

(6) An application under sub-paragraph (5)(a) may be made at any time after the end of the period of 28 days beginning with the review date but no later than 3 months after the review date.

(7) Sub-paragraphs (8) to (12) apply if the owner—

(a) has not served the notice required by sub-paragraph (3) by the time by which it was required to be served, but

(b) at any time afterwards serves on the occupier a written notice setting out the owner's proposals in respect of a new pitch fee.

(8) If (at any time) the occupier agrees to the proposed pitch fee, it is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (7)(b).

(9) If the occupier has not agreed to the proposed pitch fee—

(a) the owner may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee,

(b) the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by a tribunal under sub-paragraph (1)(b), and

(c) if a tribunal makes such an order, the new pitch fee is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (7)(b).

(10) An application under sub-paragraph (9) may be made at any time after the end of the period of 56 days beginning with the date on which the owner serves the notice under sub-paragraph (7)(b) but no later than 4 months after the date on which the owner serves that notice.

(11) A tribunal may permit an application under sub-paragraph (5)(a) or (9)(a) to be made to it outside the time limit specified in sub-paragraph (6) (in the case of an application under sub-paragraph (5)(a)) or in sub-paragraph (10) (in the case of an application under sub-paragraph (9)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.

(12) The occupier is not to be treated as being in arrears—

(a) where sub-paragraph (8) applies, until the 28th day after the date on which the new pitch fee is agreed, or

(b) where sub-paragraph (9)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of a tribunal order determining the amount of the new pitch fee.

Commencement Information

I1 Sch. 2 para. 47 in force at 1.10.2014 by S.I. 2014/11, art. 3(1)(d) (with art. 4)

48 (1) When determining the amount of the new pitch fee particular regard is to be had to— E+W

(a) any sums expended by the owner since the last review date on improvements—

(i) which are for the benefit of the occupiers of mobile homes on the protected site,

(ii) which were the subject of consultation in accordance with paragraph 52(1)(f) and (g), and

(iii) to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, a tribunal, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee,

(b) any decrease in the amenity of the protected site since the last review date, and

(c) the effect of any enactment which has come into force since the last review date.

(2) When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only 1 occupier and, in the event of there being more than 1 occupier of a mobile home, its occupier is to be taken to be whichever the occupiers agree or, in default of agreement, the occupier whose name first appears on the agreement.

(3) In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.

Commencement Information

I2 Sch. 2 para. 48 in force at 1.10.2014 by S.I. 2014/11, art. 3(1)(d) (with art. 4)

49 E+W When determining the amount of the new pitch fee no regard may be had to—

(a) any costs incurred by the owner in connection with expanding the protected site, or

(b) any costs incurred by the owner in relation to the conduct of proceedings under this Part or the agreement.

Commencement Information

I3 Sch. 2 para. 49 in force at 1.10.2014 by S.I. 2014/11, art. 3(1)(d) (with art. 4)

50 (1) Unless it would be unreasonable having regard to paragraph 48(1), there is a presumption that the pitch fee will increase or decrease by a percentage which is no more than any percentage increase or decrease in the consumer prices index calculated by reference only to— E+W

(a) the latest index, and

(b) the index published for the month which was 12 months before that to which the latest index relates.

(2) In sub-paragraph (1) “the latest index” means—

(a) in the case where the owner serves a notice under paragraph 47(3), the latest index published before the day on which that notice is served, and

(b) in the case where the owner serves a notice under paragraph 47(7)(b), the latest index published before the day by which the owner was required to serve a notice under paragraph 47(3).

Commencement Information

I4 Sch. 2 para. 50 in force at 1.10.2014 by S.I. 2014/11, art. 3(1)(d) (with art. 4)