The Leasehold Advisory Service (LEASE) answers questions on a variety of topics by telephone, email or letter for park home owners, site owners and other parties with an interest in park home legislation. LEASE’s Antony Tregenna and Manjit Rai work through a selection of some of the most frequently asked

Q A local authority has decided to introduce a fees policy and has charged a site owner an annual licence fee. An annual licence fee has been  added  through a park home owner’s pitch fee  review in 2016. What is the law concerning this?

A The annual licence fee can only be added to the pitch fee in the first year that it is introduced.  The licensing provisions came into force on 1st April 2014.  A local authority is able to charge a site owner an annual licence fee from this date. The fee may be added to pitch fee reviews in respect of the period between 2nd April 2014 to the 1st April 2015. Although the local authority has only decided to introduce an annual fee, the charge cannot be included in the 2016 pitch fee review.

A park home owner who has received a pitch fee review form with the annual licence fee added will not be obliged to pay the increase. The site owner will need to apply to a First Tier Tribunal to determine that the charge be paid.

Q A prospective purchaser aged 65 is proposing to buy a park home with her adult son who is 37. The agreement with the current home owner was made on 20th May 2010. Are there any documents which need to be sent to the site owner?

A A Notice of Proposed Sale Form will need to be completed and signed by both the prospective purchaser and home owner and sent to the site owner as the agreement was made before the 26th May 2013. They will   need to confirm that the prospective purchaser  is able to comply with any  site rules particularly regarding age as she is proposing to move into the home with her adult son.

The site owner can apply for a Refusal Order to a First Tier Tribunal if he considers that the prospective purchaser will not be complying with the site rules. An application can be made to the Tribunal within 21 days. The prospective purchaser will also need to be notified within this period.

 


If you need any further information please do not hesitate to contact LEASE’s telephone advice line on 020 7832 2525.

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 covers matters pertaining to the English legislation.


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