Automated Summary
Key Facts
The site owner applied for a pitch fee increase from £154.03 to £159.58 effective 13 August 2018, based on a 3.6% retail prices index (RPI) increase. The Tribunal concluded there was no measurable deterioration in the park's condition or amenity to justify a different adjustment, and insufficient evidence of safety issues related to fire extinguishers.
Issues
- The Tribunal examined if the poor condition of steps leading from the Respondent's pitch and non-functional lighting on the site constituted a decrease in amenity that would justify rejecting the RPI-based fee increase.
- The Tribunal evaluated whether there had been any deterioration or decrease in the condition or amenity of the residential park since the last review date (26 May 2013) that would render it unreasonable for the pitch fee to increase based on the RPI.
- The Tribunal must determine if the Applicant's proposed 3.6% increase in the pitch fee (from £154.03 to £159.58) in accordance with the retail prices index is reasonable under the Mobile Homes Act 1983, considering all relevant factors.
- The Tribunal considered whether the removal of fire extinguishers in 2017 created a real safety issue that could outweigh the presumption of RPI-based increases under the statutory framework.
Holdings
- The Tribunal concluded that there was insufficient evidence to establish a real safety issue related to the removal of fire extinguishers, which could not outweigh the statutory presumption in favor of RPI-based fee increases. The fire extinguisher issue was not considered a sufficient factor to justify a different pitch fee determination.
- The Tribunal determined that there has been no significant deterioration in the condition or decrease in the amenity of the park since the last review date, and therefore the pitch fee increase based on the retail prices index (RPI) is reasonable. The new pitch fee of £159.58 was ordered to take effect from 13 August 2018.
Remedies
The Tribunal has determined that the pitch fee should be increased to £159.58, effective from 13 August 2018, based on the agreed increase in the retail prices index. The Respondent's concerns about the site's condition and safety were not found to be significant enough to justify a different outcome.
Legal Principles
- The Tribunal applied a literal construction of the statutory language in the 1983 Act, particularly regarding the interpretation of 'other factors' that could displace the RPI presumption. It concluded that the Act does not restrict the type of 'other factors' to be considered, but such factors must have sufficient weight to outweigh the statutory presumption.
- The Tribunal emphasized that claims challenging the RPI-based pitch fee increase must be supported by sufficient evidence. The Respondent's allegations regarding fire extinguishers and site conditions were dismissed due to insufficient proof of a material safety issue or deterioration since the relevant statutory period began (26 May 2013).
- The Mobile Homes Act 1983 (Schedule 1, paragraph 20) establishes a presumption that pitch fees should increase or decrease in proportion to the Retail Prices Index (RPI). The Tribunal must determine whether this presumption is unreasonable based on factors like deterioration in condition or amenity, as outlined in paragraph 18(1)(b). In this case, the Tribunal found no measurable deterioration to justify overriding the RPI-based increase.
Precedent Name
- Vyse v Wyldecrest Parks (Management) Limited
- Shaw's Trailer Park (Harrogate) Limited v Sherwood
Cited Statute
- Mobile Homes Act 1983
- Caravan Sites and Control of Development Act 1960
- Regulatory Reform (Fire Safety) Order 2005
Judge Name
- W H Gater
- A Cresswell
Passage Text
- 83. Regarding the fire extinguisher issue, there was before the Tribunal insufficient evidence for the Tribunal to conclude that there was a real safety issue, which could constitute a factor of sufficient weight to outweigh the presumption in the context of the statutory scheme (the 1983 Act) as a whole.
- 82. Accordingly the Tribunal does not find there has been a deterioration in the condition or decrease of the amenity of the park or, if it is wrong about that, any minimal decrease is such that it is nevertheless not unreasonable for the pitch fees to be increased on the basis of the agreed increase in the retail prices index. The Tribunal, therefore, orders that increase, effective from 13 August 2018.
- 25. The Applicant gave notice of a proposal to increase the pitch fee on 13 August 2018 to £159.58 (from £154.03) in line with a 3.6% increase in RPI. There is no issue taken as to the timeliness of the notice, whether appropriate notice was given or the appropriate rate to apply.