Leasehold Advisory Service park home advisor Manjit Rai examines a recent Upper Tribunal decision concerning the Tribunal’s jurisdiction and home owners’ entitlement to enjoy ‘quiet enjoyment’ on a park
Away Resorts Ltd v Ms Morgan (Sandy Balls Estate home owner)
This Upper Tribunal case Away Resorts v Ms Morgan considered the extent of the powers of the Tribunal and the question was: whether the Tribunal are entitled to direct a site owner to ensure that access to a pitch on the site is not obstructed by inconsiderate parking on the part of the occupiers of the other pitches. The full decision can be found at the following link. http://landschamber.decisions.tribunals.gov.uk/Aspx/view.aspx?id=1409
Sandy Balls Park is a mixed use site, in Hampshire which consists of permanent residential park homes and holiday lets. The three mobile homes with which this appeal is concerned are Nos. 116, 117 and 119. Nos. 116 and 119 had been in a habit of parking directly in front of their homes in such a way as to narrow the gap between 116 and 119 through which 117 had to drive to reach or leave their own parking area.
Ms Morgan (owner of number 117) made a number of complaints concerning activities of her neighbours which she felt breached her implied right to quiet enjoyment of her home. She also complained that the site owner had erected a sign indicating that residents could park in what was otherwise a designated no parking area. In her opinion, the site owner has encouraged a breach of the site licence. In her experience, rule breaking ‘had become a habit’ for her neighbours.
Ms Morgan applied to the FTT for a determination of a number of questions relating to the behaviour of her neighbours and visitors to the park which caused her a nuisance and annoyance, including obstruction of access to her designated parking area by inconsiderate parking.
Manjit Rai is a park home adviser at the Leasehold Advisory Service (LEASE). If you need any further information, please do not hesitate to contact LEASE’s telephone advice line on 020 7832 2525.
Read the full story in the August 2018 issue of Park Home & Holiday Caravan