[F422E+WThe owner shall—
(a)if requested by the occupier, and on payment by the occupier of a charge of not more than £30, provide accurate written details of—
(i)the size of the pitch and the base on which the mobile home is stationed; and
(ii)the location of the pitch and the base within the protected site;
and such details must include measurements between identifiable fixed points on the protected site and the pitch and the base;
(b)if requested by the occupier, provide (free of charge) documentary evidence in support and explanation of—
(i)any new pitch fee;
(ii)any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement; and
(iii)any other charges, costs or expenses payable by the occupier to the owner under the agreement;
(c)be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home;
(d)maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site;
(e)consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee; and
(f)consult a qualifying residents' association, if there is one, about all matters which relate to the operation and management of, or improvements to, the protected site and may affect the occupiers either directly or indirectly.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F4Sch. 1 Pt. 1 paras. 10-29 and cross-headings substituted for Sch. 1 Pt. 1 para. 10 and cross-heading (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(6) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(6) (with arts. 1(2)(3), 4)
[F522(1)When determining the amount of the new pitch fee particular regard shall be had to—S
(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 25(e) and (f); and
(iii)to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the court, 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 or the facilities and services provided on that site since the last review date; and
(c)the effect of any enactment, other than an order made under paragraph 8(2), 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 one occupier and, in the event of there being more than one occupier of a mobile home who has responded to the consultation, its occupier is to be taken to be 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.]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments