Mobile Homes Act 1983

[F3 The pitch fee E+W+S

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)

16 E+W The pitch fee can only be changed in accordance with paragraph 17, either—

(a) with the agreement of the occupier, or

(b) if the [F4 appropriate judicial body], 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.

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

F4 Words in Sch. 1 Pt. I Ch. 2 para. 16(b) 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)(h) 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)(i) (with art. 5)

[F30 16 (1) Once reviewed, the pitch fee can only be changed at the relevant date. S

(2) For the purposes of sub-paragraph (1) “the relevant date” is—

(a) where paragraph 17(1) applies the next review date;

(b) where paragraph 19(2) applies the 28th day after the date on which the owner served the notice under paragraph 19(1); or

(c) where paragraph 20(3)(b) applies the 28th day after the date of the court order determining the amount of the pitch fee.]

Extent Information

E6 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F30 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)

17 (1) The pitch fee shall be reviewed annually as at the review date. E+W

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

[F5 (2A) In the case of a protected site in England, a notice under sub-paragraph (2) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.]

(3) If the occupier agrees to the proposed new pitch fee, it shall be payable as from the review date.

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

(a) the owner [F6 or (in the case of a protected site in England) the occupier] may apply to the [F7 appropriate judicial body] for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b) the occupier shall 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 the [F7 appropriate judicial body] under paragraph 16(b); and

(c) the new pitch fee shall be payable as from the review date but the occupier shall not be treated as being in arrears until the 28^th day after the date on which the new pitch fee is agreed or, as the case may be, the 28^th day after the date of the [F7 appropriate judicial body] order determining the amount of the new pitch fee.

(5) An application under sub-paragraph (4)(a) may be made at any time after the end of the period of 28 days beginning with the review date [F8 but F9 ... no later than three months after the review date].

(6) Sub-paragraphs (7) to (10) apply if the owner—

(a) has not served the notice required by sub-paragraph (2) by the time by which it was required to be served, but

(b) at any time thereafter serves on the occupier a written notice setting out his proposals in respect of a new pitch fee.

[F10 (6A) In the case of a protected site in England, a notice under sub-paragraph (6)(b) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 25A.]

(7) If (at any time) the occupier agrees to the proposed pitch fee, it shall be payable as from the 28^th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

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

(a) the owner [F11 or (in the case of a protected site in England) the occupier] may apply to the [F7 appropriate judicial body] for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b) the occupier shall 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 the [F7 appropriate judicial body] under paragraph 16(b); and

(c) if the [F7 appropriate judicial body] makes such an order, the new pitch fee shall be payable as from the 28^th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(9) An application under sub-paragraph (8) may be made at any time after the end of the period of 56 days beginning with date on which the owner serves the notice under sub-paragraph (6)(b) [F12 but F13 ... no later than four months after the date on which the owner serves that notice].

[F14 (9A) A tribunal may permit an application under sub-paragraph (4)(a) or (8)(a) F15 ... to be made to it outside the time limit specified in sub-paragraph (5) (in the case of an application under sub-paragraph (4)(a)) or in sub-paragraph (9) (in the case of an application under sub-paragraph (8)(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.]

(10) The occupier shall not be treated as being in arrears—

(a) where sub-paragraph (7) applies, until the 28^th day after the date on which the new pitch fee is agreed; or

(b) where sub-paragraph (8)(b) applies, until the 28^th day after the date on which the new pitch fee is agreed or, as the case may be, the 28^th day after the date of the [F7 appropriate judicial body] order determining the amount of the new pitch fee.

[F16 (11) Sub-paragraph (12) applies if a tribunal, on the application of the occupier of a pitch in England, is satisfied that—

(a) a notice under sub-paragraph (2) or (6)(b) was of no effect as a result of sub-paragraph (2A) or (6A), but

(b) the occupier nonetheless paid the owner the pitch fee proposed in the notice.

(12) The tribunal may order the owner to pay the occupier, within the period of 21 days beginning with the date of the order, the difference between—

(a) the amount which the occupier was required to pay the owner for the period in question, and

(b) the amount which the occupier has paid the owner for that period.]

Extent Information

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

Textual Amendments

F5 Sch. 1 Pt. I Ch. 2 para. 17(2A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(a), 15(3) (with s. 11(7))

F6 Words in Sch. 1 Pt. I Ch. 2 para. 17(4)(a) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(b), 15(3) (with s. 11(7))

F7 Words in Sch. 1 Pt. I Ch. 2 para. 17 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)(i)(i) 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)(j)(i) (with art. 5)

F8 Words in Sch. 1 Pt. I Ch. 2 para. 17(5) inserted (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)(i)(ii)

F9 Words in Sch. 1 Pt. I Ch. 2 para. 17(5) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(j)(ii) (with art. 5)

F10 Sch. 1 Pt. I Ch. 2 para. 17(6A) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(c), 15(3) (with s. 11(7))

F11 Words in Sch. 1 Pt. I Ch. 2 para. 17(8)(a) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(d), 15(3) (with s. 11(7))

F12 Words in Sch. 1 Pt. I Ch. 2 para. 17(9) inserted (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)(i)(iii)

F13 Words in Sch. 1 Pt. I Ch. 2 para. 17(9) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(j)(iii) (with art. 5)

F14 Sch. 1 Pt. I Ch. 2 para. 17(9A) inserted (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)(i)(iv)

F15 Words in Sch. 1 Pt. I Ch. 2 para. 17(9A) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(j)(iv) (with art. 5)

F16 Sch. 1 Pt. I Ch. 2 paras. 17(11)(12) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(2)(e), 15(3) (with s. 11(7))

[F30 17 (1) The pitch fee may be reviewed at the review date if, at least 28 clear days before that review date, the owner has served on the occupier a written notice setting out the owner’s proposal in respect of the new pitch fee. S

(2) The notice referred to in sub-paragraph (1) must set out the services which the agreement provides that are included in the pitch fee proposed by the owner.

(3) If at any time the occupier agrees to the proposed pitch fee it shall be payable as from the review date.

(4) If the occupier does not agree to the proposed pitch fee the owner or the occupier may apply to the court for an order determining the amount of the new pitch fee.

(5) An application under sub-paragraph (4) may be made at any time after the end of the period of 28 days beginning with the review date.]

Extent Information

E7 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F30 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)

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 [F17 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;

[F18 (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) [F19 in the case of a protected site in Wales,] any decrease in the amenity of the protected site since the last review date; F20 ...

[F21 (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) [F22 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.

[F23 (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

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F17 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)

F18 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))

F19 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))

F20 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))

F21 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))

F22 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))

F23 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))

[F30 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

E8 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F30 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)

19 [F24 (1)] When determining the amount of the new pitch fee, any costs incurred by the owner in connection with expanding the protected site shall not be taken into account. E+W

[F25 (2) F26 ... When determining the amount of the new pitch fee, no regard may be had to any costs incurred by the owner in relation to the conduct of proceedings under this Act or the agreement.]

[F27 (4) In the case of a protected site in England, when determining the amount of the new pitch fee, no regard may be had to any costs incurred by the owner in connection with—

(a) any action taken by a local authority under sections 9A to 9I of the Caravan Sites and Control of Development Act 1960 (breach of licence condition, emergency action etc.);

(b) the owner being convicted of an offence under section 9B of that Act (failure to comply with compliance notice).]

Extent Information

E4 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F24 Sch. 1 Pt. 1 Ch. 2 para. 19 renumbered as Sch. 1 Pt. 1 Ch. 2 para. 19(1) (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)(k)(i)

F25 Sch. 1 Pt. I Ch. 2 para. 19(2) inserted (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)(k)(ii)

F26 Words in Sch. 1 Pt. I Ch. 2 para. 19(2) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(l) (with art. 5)

F27 Sch. 1 Pt. I Ch. 2 para. 19(4) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(4), 15(3) (with s. 11(7))

[F30 19 (1) The pitch fee may be reviewed at a date after the review date if the owner serves on the occupier a written notice setting out the owner’s proposals in respect of a new pitch fee. S

(2) If at any time the occupier agrees to the proposed pitch fee, it shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (1).

(3) If the occupier does not agree to the proposed pitch fee the owner or the occupier may apply to the court for an order determining the amount of the new pitch fee.

(4) An application under sub-paragraph (3) 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 (1).]

Extent Information

E9 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F30 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)

20 [F28 (A1) In the case of a protected site in England, unless this would be unreasonable having regard to paragraph 18(1), there is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the retail 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.

(A2) In sub-paragraph (A1), “the latest index”—

(a) in a case where the owner serves a notice under paragraph 17(2), means the last index published before the day on which that notice is served;

(b) in a case where the owner serves a notice under paragraph 17(6), means the last index published before the day by which the owner was required to serve a notice under paragraph 17(2).]

(1) [F29 In the case of a protected site in Wales,] there is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the retail prices index since the last review date, unless this would be unreasonable having regard to paragraph 18(1) above.

(2) Paragraph 18(3) above applies for the purposes of this paragraph as it applies for the purposes of paragraph 18.]

Extent Information

E5 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F28 Sch. 1 Pt. I Ch. 2 paras. 20(A1)(A2) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(5)(a), 15(3) (with s. 11(7))

F29 Words in Sch. 1 Pt. I Ch. 2 para. 20(1) inserted (E.W.) (27.5.2013) by Mobile Homes Act 2013 (c. 14), ss. 11(5)(b), 15(3) (with s. 11(7))

[F30 20 (1) Where an application is made to the court under paragraphs 17(4), 18(2) or 19(3), the court shall, if the court considers it reasonable for the pitch fee to be changed, make an order determining the amount of the new pitch fee. S

(2) The occupier shall 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 the court.

(3) If the court makes such an order, the new pitch fee shall be payable—

(a) where the application was made under paragraph 17(4), as from the review date;

(b) where the application was made under paragraphs 18(2) or 19(3), as from the 28th day after the date of the court order determining the amount of the pitch fee.]

Extent Information

E10 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F30 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)