Park Home Advice by LEASE

Energy Bills – Government Support for park home residents

Energy Bills - Government Support for park home residents - Park Homes There are two types of Government support for all park home residents to help with their energy bills. Under the […]

Mobile Homes (Pitch Fee) Act 2023 receives Royal Assent

On 2 May 2023, the Mobile Homes (Pitch Fee) Act received Royal Assent.

The Act:

changes the inflationary index for annual pitch fee reviews from RPI to CPI;
applies CPI to all pitch fee reviews where the pitch fee review notice is served on or after the day that the Act comes into force two months after Royal Assent (2nd July 2023); and
applies to England and Wales
A mobile (park) home owner (resident) pays the site owner a pitch fee for the right to occupy a pitch on the site. The Mobile Homes Act 1983 defines the costs that may be included in the pitch fee. Pitch fees can be reviewed annually. This allows site owners to recover increases in the costs within the pitch fee due to inflation.

From April 2011 the Government adopted CPI as the inflation rate for the indexation of benefits, tax credits and public service pensions as a more appropriate measure which was consistent with the measure of inflation used by the Bank of England. In 2013, the designation of RPI as a national statistic was cancelled by the UK Statistics Authority. As the RPI rate is generally higher than CPI, mobile home owners, the majority of whom are elderly, became increasingly concerned that their incomes which generally increase by CPI, would not keep pace with the rise in the pitch fees.

Mobile Homes (Pitch Fee) Act 2023 receives Royal Assent - Park Homes 4 May 2023 On 2 May 2023, the Mobile Homes (Pitch Fee) Act received Royal Assent. The Act: changes the […]

Energy Bills – Government support for park home residents

Energy Bills - Government Support for park home residents - Park Homes There are two types of Government support for all park home residents to help with their energy bills. Under the […]

Energy bills support for park home owners in England and Wales via Energy Bills Support Scheme Alternative Funding

Energy bills support for park home owners in England and Wales via Energy Bills Support Scheme Alternative Funding - Park Homes 19 December 2022 The government has announced today how people in England, Scotland and Wales, without a direct relationship with […]

Recruiting for legal advisers

Recruiting for legal advisers - The Leasehold Advisory Service LEGAL ADVISERS 12-MONTH FIXED TERM We are seeking enthusiastic and highly motivated individuals to provide initial advice to the Leasehold […]

*What is the fit and proper person test?*

The fit and proper person test is an assessment that is carried out by the local authority on site licence holders and managers who operate a park home site. The test is intended to improve the standards of park home site management and to ensure that the person responsible for managing a park home site is suitable and of good character.

After carrying out the assessment, the local authority must be satisfied that the owner of the land is:

a fit and proper person to manage the site;
or, (if the owner doesn�t manage the site) that the person appointed by the owner to be the manager is fit and proper to do so.

In September 2020, the English Government published the Mobile Homes (Requirement for Manager of Site to be a Fit and Proper Person) (England) Regulations 2020.

The regulations will be brought into force in two stages:

Stage one will give local authorities in England until 1st July 2021 to prepare to receive applications from site owners (or �occupiers�), establish their processes for making and issuing decisions, and establish a fit and proper person register for their local area.
Stage two will provide 3 months from the end of Stage 1 for site owners/licence holders to submit completed applications to local authorities. The deadline for applications is 1st October 2021.

Once the regulations have been brought into force all site licence holders and managers will be required to be included on the local register of fit and proper persons. This requirement has already applied to regulated park home sites in Wales since 2014.

 

More information:

Who will the fit and proper person test apply to?
When will the Fit and Proper person test come into force in England?
What will happen if the site licence holder or manager fails the fit and proper person test?
If a resident thinks a manager is not fit
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What is the fit and proper person test? - Park Homes The fit and proper person test is an assessment that is carried out by the local authority on site licence […]

*Where can prospective buyers find a good estate agent?*

If you are thinking of buying a park home, you can find properties online or through an estate agent.

If you are planning to use an estate agent, you can use the NAEA Propertymark website to find an experienced and trained professional. The agents listed on their website are NAEA Propertymark Protected, which ensures they follow best practice, meet the requirements of the profession and work to industry standards.

Estate agents listed on the NAEA Propertymark website also have Professional Indemnity insurance and Client Money protection coverage. These added protections safeguard your money and ensures that your estate agent acts in your best interests.

If you want to find properties online, you search through the listings on websites such as Rightmove, Zoopla or OnTheMarket.

Where can prospective buyers find a good estate agent? - Park Homes If you are thinking of buying a park home, you can find properties online or through an estate agent. If […]

*What happens if the occupier disagrees with the pitch fee?*

If the matter cannot be satisfactorily resolved with the site owner, it will be possible to appeal to the First-tier Tribunal (Property Chamber) or the Residential Property Tribunal in Wales (�Tribunal�). If the pitch fee review form was served at least 28 days before the review date, an application may be made no later than three months after the review date.

If there is a late review, an application to the tribunal will need to be made no later than four months after the date that the site owner serves the notice.

For example:

If the review is undertaken on the review date of 1 April, then the application to the tribunal must be before 1 July (three months after the review).
If the review is undertaken late, for example on 1 July, then the application must be submitted by 1 November (four months after the late review).

What happens if the occupier disagrees with the pitch fee? - Park Homes If the matter cannot be satisfactorily resolved with the site owner, it will be possible to appeal to the First-tier […]

*Fit and Proper Person Test, England: Countdown to Implementation*

What is the Fit & Proper Person Test?

The Fit and Proper Person Test is an assessment carried out by the local authority to assess the suitability of site owners or their managers (�relevant person�) to manage a park homes site.

After carrying out the assessment, the local authority must be satisfied that the site owner is:

a fit and proper person to manage the site;
or, (if the site owner doesn�t manage the site) that the person appointed to be the manager is fit and proper to do so.

When do the new regulations come into force?

The regulations will be brought into force in two stages:

Stage one will give local authorities in England until 1st July 2021 to prepare to receive applications from site owners (or �occupiers�), establish their processes for making and issuing decisions, and establish a fit and proper person register for their local area.
Stage two will provide 3 months from the end of Stage 1 for site owners/licence holders to submit completed applications to local authorities. The deadline for applications is 1st October 2021.

Where can I find the relevant law?

The relevant law is contained in the Mobile Homes (Requirement for Manager of Site to be a Fit and Proper Person) (England) Regulations 2020.

Will the test apply to all sites?

The new regulations apply in England to fully residential or mixed use sites. They do not apply to holiday-only sites or non-commercial family occupied sites. In Wales similar rules have been in force since 2014.

A park home site is exempt if it is �a non-commercial family-occupied site�. That is one only occupied by members of the same family and that is not being run on a commercial basis.

What must a local authority do now?

The local authority must be ready to receive and assess applications by 1st July 2021. They must also mainta
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Fit and Proper Person Test, England: Countdown to Implementation - Park Homes What is the Fit & Proper Person Test? The Fit and Proper Person Test is an assessment carried out by the local authority to assess the suitability of site owners or their managers (“relevant person”) to manage a park homes site. After carrying out the assessment, the local authority must be sati...

*Pitch fee reviews explained*

Podcast with Cassandra Zanelli, Partner at Taylor & Emmet Solicitors:
Explaining what a pitch fee review is
The correct way to serve a pitch fee review
How to calculate the pitch fee review
The First-tier Tribunal�s involvement

Pitch fee reviews explained - Park Homes Podcast with Cassandra Zanelli, Partner at Taylor & Emmet Solicitors: Explaining what a pitch fee review is The correct way to serve a pitch fee review How to calculate the pitch fee review The First-tier Tribunal’s involvement

*When I buy a park home do I need a new pitch agreement?*

When you buy a new park home, the site owner must provide you with a new pitch agreement.

In contrast, when you purchase a pre-owned park home, the previous owner�s pitch agreement is assigned to you at the time of sale. As the express terms have already been agreed between the previous owner and the site owner, you have no right to ask for a new agreement.

When I buy a park home do I need a new pitch agreement? - Park Homes When you buy a new park home, the site owner must provide you with a new pitch agreement. In contrast, […]

*Summary of the Mobile Homes (Wales) Act 2013*

By Richard Hand, Senior Adviser and Ibraheem Dulmeer, Legal Adviser at LEASE

July 2017

LEASE provides legal advice to park home owners, site owners and local authorities on park homes law in England and Wales. This article examines some of the main features of the Mobile Homes (Wales) Act 2013 (�the Act�) and the increased protection it provides for home owners in Wales.

When did the Act come into effect?

All sections of the Act came into force on 1st October 2014 and apply to all residential parks in Wales.

Licensing

A site licence is required if the owner is using land as a regulated site. Operating without a licence is an offence and an unlimited fine may be imposed by a court.

Regulated Sites

The licensing provisions apply to regulated sites apart from holiday sites. A regulated site must have at least one mobile home stationed on it for the purposes of human habitation. Schedule 1 to the Act also lists the types of site that are not regulated. These include sites owned by the local authority.

Application for Site Licence

Section 6 of the Act provides that an application may be made to the local authority. Certain information must be provided, including the land that is proposed to be licenced and the identity of the applicant. If the applicant is not the proposed manager of the site, the manager must be identified.

The local authority may require the application to be accompanied by a fixed fee. They are able to charge a fee to an applicant provided they have published their fees policy (Section 36 of the Act).The application must also include a declaration by the applicant that the manager (or applicant) is a fit and proper person to manage the site.

�Fit and Proper Person Test�

There is a �Fit and Proper Person� requirement (Section 28 of the Act) for any person proposing to apply for a licence for
Click link below for full text

Summary of the Mobile Homes (Wales) Act 2013 - Park Homes By Richard Hand, Senior Adviser and Ibraheem Dulmeer, Legal Adviser at LEASEJuly 2017