Barrister Ibraheem Dulmeer – www.parkhomeslaw.com – explains how tribunals can help resolve disputes in park home matters…
The First-tier Tribunal (Property Chamber) (“Tribunal”) deals with proceedings relating to park homes. The Tribunal can determine most applications in relation to park home matters. Please remember that Tribunal is the last resort.
Whether you are a park home owner or a site owner, it may be prudent to seek independent legal advice before submitting an application to the Tribunal. That legal advice should be sought from someone who understands and has experience of park homes legislation. This can help you understand your legal position impartially and whether you have prospects in making an application. Obtaining advice from a park home specialist may explain legal approaches and/or arguments that you may not have considered.
WHAT THE TRIBUNAL MAY COVER
The Tribunal may consider a wide variety of matters. For instance, applications made in the Tribunal can address the following (non-exhaustive list):
● Problems with the base
● Disputing utility charges
● Enforcement of site rules
● Pitch fee reviews
● Recognition of a residents’ association
RULES OF THE TRIBUNAL
The Tribunal has specific rules and practice directions which are outlined in The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (as amended).
The rules are separated in six main parts:
● Part 1 sets out the overriding objective;
● Part 2 sets out the Tribunals case management powers;
● Part 3 contains provisions relating to the proceedings and responses;
● Part 4 deals with the hearing and the making and notification of the decisions reached;
● Part 5 deals with the rules about the special rules for various types of matters and;
● Part 6 deals with the setting aside, reviewing and appealing against the Tribunal decisions.
Ibraheem Dulmeer, Barrister of Normanton Chambers is a specialist in Park Home Matters. He has expert knowledge of this legislation within this sector and his experience will provide individuals or companies with all of the necessary information, guidance and how they might be impacted by the new Regulations. Ibraheem is qualified under the “Direct Public Access Scheme” which permits him to accept instructions directly from the public, be it a company or individual.
Freephone: 0300 0300 218
Have a legal issue and need some guidance? Write to Ibraheem (no more than 100 words) and he will pick five questions at random and provide some free legal pointers in an upcoming issue of PH&HC!
Send your questions to: email@example.com.
The information provided in this article serves as a useful guidance. Please note that this is not intended to be comprehensive and should not be relied on in substitution for specific advice. If in doubt, you could seek specific advice from Ibraheem Dulmeer, who specialises in this area of law. This material should not be replicated without the author’s consent. Ibraheem Dulmeer © 2021
Read the full story in the September 2021 issue of Park Home & Holiday Caravan