Mobile Homes Act 1983

[F3 18 (1) When determining the amount of the new pitch fee particular regard shall 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 22(e) and (f) below; and

(iii) to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the [F4 appropriate judicial body], on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

[F5 (aa) in the case of a protected site in England, any deterioration in the condition, and any decrease in the amenity, of the site or any adjoining land which is occupied or controlled by the owner since the date on which this paragraph came into force (in so far as regard has not previously been had to that deterioration or decrease for the purposes of this sub-paragraph);

(ab) in the case of a protected site in England, any reduction in the services that the owner supplies to the site, pitch or mobile home, and any deterioration in the quality of those services, since the date on which this paragraph came into force (in so far as regard has not previously been had to that reduction or deterioration for the purposes of this sub-paragraph);]

(b) [F6 in the case of a protected site in Wales,] any decrease in the amenity of the protected site since the last review date; F7 ...

[F8 (ba) in the case of a protected site in England, any direct effect on the costs payable by the owner in relation to the maintenance or management of the site of an enactment which has come into force since the last review date; and]

(c) [F9 in the case of a protected site in Wales,] the effect of any enactment, other than an order made under paragraph 8(2) above, which has come into force since the last review date.

[F10 (1A) But, in the case of a pitch in England, no regard shall be had, when determining the amount of the new pitch fee, to any costs incurred by the owner since the last review date for the purpose of compliance with the amendments made to this Act by the Mobile Homes Act 2013.]

(2) When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(b)(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, 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

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F3 Sch. 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)

F4 Words in Sch. 1 Pt. I Ch. 2 para. 18(1)(a)(iii) substituted (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(7)(j) and (W.) (21.3.2012) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(k) (with art. 5)

F5 Sch. 1 Pt. I Ch. 2 paras. 18(1)(aa)(ab) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(3)(a), 15(3) (with s. 11(7))

F6 Words in Sch. 1 Pt. I Ch. 2 para. 18(1)(b) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(3)(b), 15(3) (with s. 11(7))

F7 Word in Sch. 1 Pt. I Ch. 2 para. 18(1)(b) omitted (E.W.) (27.5.2013) by virtue of Mobile Homes Act 2013 (c. 14), ss. 11(3)(c), 15(3) (with s. 11(7))

F8 Sch. 1 Pt. I Ch. 2 para. 18(1)(ba) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(3)(d), 15(3) (with s. 11(7))

F9 Words in Sch. 1 Pt. I Ch. 2 para. 18(1)(c) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(3)(e), 15(3) (with s. 11(7))

F10 Sch. 1 Pt. I Ch. 2 para. 18(1A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(3)(f), 15(3) (with s. 11(7))

[F11 18 (1) If the owner has not served a notice under paragraph 17(1) by the time by which it required to be served, the occupier can serve a notice (“a review request”) on the owner requesting the owner to serve a notice under paragraph 19(1). S

(2) If the owner fails to serve a notice under paragraph 19(1) within the period of 28 days beginning with the date the occupier served the review request then the occupier may apply to the court for an order determining the amount of the new pitch fee.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F11 Sch. 1 Pt. I paras. 11-32 and cross-headings inserted (S.) (1.9.2013) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 (S.S.I. 2013/219), arts. 1, 2(8) (with art. 1(2)(3), 4)