Save The Date – Applications for determination of a new level of pitch fee

The RPI inflation rate for October 2022 was at its highest since December 1980. This affected all residential pitch fee reviews where the review date is 1 January, representing a proposed increase of 14.2%. The increase is likely to give rise to objections which, if not resolved, can only be determined by the Residential Property Tribunal, or potentially forfeited by the park owner. With that in mind, park home site owners will need to bear in mind some important rules about making applications to the Tribunal for a determination of a new level of pitch fee.

Residential Pitch Fee Reviews – dates to bear in mind

The Mobile Homes Act 1983 (as amended) imposes certain deadlines on any party wishing to make an application to the Residential Property Tribunal if it has not been possible to agree a new level of pitch fee. It is open to both the homeowner and the park owner to make an application to have the pitch fee determined, however strict timescales apply.

On time review

If the pitch fee is reviewed on time, i.e. on the Review Date, then an application to the Tribunal cannot be made any earlier than 28 days, beginning with the Review Date and no later than 3 months after the Review Date.

Late review

If the pitch fee is reviewed on a date which is later than the Review Date, then an application cannot be made any earlier than 56 days beginning with the date on which the pitch fee review notice is served on the homeowner but not later than 4 months after that date.

If your application is not received by the relevant deadline, then it is likely to be dismissed by the Tribunal unless it is satisfied there is good reason why the application was made late.

For further advice about residential pitch fee reviews and making an application to the Tribunal, please contact our specialist park law expert, Melanie Burton on 01752 292358 or mburton@wolferstans.com.