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The pitch fee reviews explained

legalPitch fee reviews can often be a bone of contention between residents and park site owners. Cassandra Zanelli, a partner at PM Legal Services, and Ibraheem Dulmeer, a solicitor at the Leasehold Advisory Service (LEASE) explain how you can avoid running into problems and disputes

A pitch agreement or written statement is essentially a contract that sets out a number of obligations and responsibilities between a site owner and a park home resident. The terms of this agreement state the amount of the pitch fee and when it is to be paid to the site owner. If the pitch fee includes utilities, this should be outlined clearly in the agreement.  

Is there a certain way a pitch fee review has to be undertaken?
Since 26 July 2013, the Government introduced a prescribed procedure that a site owner must follow in order to increase a pitch fee. Changes can only be made by:

1. The site owner serving a notice to inform the park home resident of the change/increase (commonly referred to as the pitch fee review notice); and
2. The site owner simultaneously serving a pitch fee review form.

The pitch fee review notice and pitch fee review form must be served together.

What is a pitch review form?  
There is a prescribed form to use when reviewing pitch fees – it is eight pages long and it includes a formula which is used to calculate the fee. The explanatory notes provide guidance on how it should be calculated.

How often does a pitch fee review take place?  
The pitch fee can be reviewed or changed annually - on or after the review date stated in the contract. This means it cannot take place more than once a year.

 

 


Info Point

 

Cassandra Zanelli is a partner at PM Legal Services (cassandrazanelli@pmlegalservices.co.uk). Ibraheem Dulmeer is a solicitor with the Leasehold Advisory Service (LEASE). If you have any questions regarding the information in this article, contact LEASE on 020 7832 2500 or email: info@lease-advice.org. The LEASE website www.lease-advice.org also carries guidance and reports of tribunal decisions, which you may find of use.


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To read more about this issue read the December 2017 issue of Park Homes and Holiday Caravan

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