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Your legal questions answered!

legalThe Leasehold Advisory Service (LEASE) provides a free telephone helpline for those with park home-based legal queries. LEASE solicitor Ibraheem Dulmeer and property management expert, Cassandra Zanelli, a partner at PM Legal Services, address your most frequently asked questions…

Q: Is the Retail Prices Index (RPI) used in the pitch fee review process? I understand the figure is no longer ‘official.’ What is the figure used for Wales?

A: In March 2013, the Office of National Statistics (ONS) decided the RPI figure was no longer a ‘national statistic.’ However, it still publishes the figure on a monthly basis and it is still used in the pitch fee review process in England.

For Wales, the Consumer Prices Index (CPI) is used to increase or decrease the pitch fee, as opposed to the Retail Prices Index (RPI) in England. Again, the official CPI figure can be found on the Office of National Statistics website. It is possible for either the site owner or the home owner to apply to a First-tier Tribunal (Property Chamber) or Residential Property Tribunal (Wales) in the event of a dispute.

You can find the latest figures for both RPI and CPI on the ONS website.

Q: Our site owner did not complete the new site rule making process by 4 February 2015 as required. Can he still do this?

A: If your site owner did not implement new rules by the deadline, your existing ones (that have not gone through a consultation process) will no longer be enforceable.

It is important to note that a site owner can choose not to make rules – there is no legal obligation to have them and there are sites with none at all.

 


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. 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.

This article is not meant to describe or give a full interpretation of the law; only the courts can do that. If you are in any doubt about your rights and duties then seek specific advice. The law discussed in this article pertains to the English and Welsh jurisdiction only.


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To read more about this issue read the January 2018 issue of Park Homes and Holiday Caravan

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