On Friday 26 July 2013 The Mobile Homes (Pitch Fees) (Prescribed Forms) (England) Regulations 2013 came into force.
From 26 July 2013 any Pitch Fee Review Notice must be accompanied by a Pitch Fee Review Form.
The Pitch Fee Review Form has been devised by the Government to provide Park Home Owners with more information about a proposed pitch fee increase. For example, a Site Owner is now required to provide detailed information about how the pitch fee was calculated including details of the costs incurred by the Site Owner which it considers are recoverable.
Under the Mobile Homes Act 2013, if a Site Owner fails to serve a Pitch Fee Review Form with its Pitch Fee Review Notice any proposed increase in the pitch fee is of no effect.
Furthermore, if a Site Owner fails to send the Pitch Fee Review Form to a Park Home Owner but the Park Home Owner pays the increased pitch fee in any event, the Park Home Owner is entitled to apply to the First Tier Tribunal – Property Chamber (previously known as the Residential Property Tribunal) to seek a full refund of the increased pitch fee they have paid.
The consequences of failing to complete a Pitch Fee Review Form and serve it with any Pitch Fee Review Notice could therefore be costly. Given that pitch fees are often a Parks consistent stream of income it is vital to ensure that the Pitch Fee Review Form is completely correctly.
Here at Blacks we can help you to complete and serve your Pitch Fee Review Forms. We would encourage you to contact us well in advance of your pitch fee review date.