An owner of a park for mobile homes increased the rent to allow for loss of profits after the home owners began to buy their liquid gas from other sources. He showed that profits from such sales were part of the normal profit structure of such parks and factored into the rents. Held: The site … Continue reading Howard and others v Kinvena Homes Ltd: CA 27 Jun 1999
Application for leave to appeal – granted. Citations: [1999] EWCA Civ 1037 Statutes: Mobile Homes Act 1983 Jurisdiction: England and Wales Citing: Cited – Stroud v Weir Associates CA 1987 The court was asked to set pitch fees on a registered mobile home site. The site owner had sought to rely upon the fact of … Continue reading Howard and others v Kinvena Homes Limited: CA 19 Mar 1999
PARK HOMES – SUCCESSION – Mobile Homes Act 1983, section 3 – Variation of will of deceased occupier – Effect on succession to mobile home and pitch agreement by deceased’s son who was not himself occupying mobile home Citations: [2020] UKUT 114 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 22 … Continue reading Barrs Residential and Leisure Ltd v Pleass Thomson and Co (Park Homes – Succession): UTLC 29 Apr 2020
Under the Act ‘the Recorder is given a wide discretion by the agreement. The width and unstructured nature of the discretion may seem surprising in relation to an issue as important to residents, and as potentially contentious, as that of pitch fees.’ Judges: Lord Justice Gage Lord Justice Carnwath Citations: [2006] EWCA Civ 283 Links: … Continue reading Warfield Park Homes Ltd v Warfield Park Residents Association: CA 27 Mar 2006
PARK HOMES – JURISDICTION – whether a mobile home park with planning permission and site licence for mixed seasonal and permanent use is a ‘protected site’ – s.1(1), Mobile Homes Act 1983 – s.1(2), Caravan Sites Act 1968 – appeals dismissed Citations: [2018] UKUT 249 (LC) Links: Bailii Statutes: Caravan Sites Act 1968 1(2), Mobile … Continue reading John Romans Park Homes Ltd v Hancock, Re Morn Gate Caravan Park: UTLC 27 Jul 2018
PARK HOMES – ELECTRICITY CHARGES – written statement requiring occupiers to pay for electricity supplied by park owner – no term fixing price of supply – disagreement over price – maximum resale price – whether charge to include contribution to climate change levy – section 4, Mobile Homes Act 1983 – section 44, Electricity Act … Continue reading King and Others v Residential Marine Ltd (Park Homes – Electricity Charges): UTLC 21 Dec 2021
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Park Homes – Procedure – Dispute Resolution – section 4 of the Mobile Homes Act 1983 – is a resident entitled to see a copy of the site owner’s lease? Citations: [2020] UKUT 40 (LC) Links: Bailii Statutes: Mobile Homes Act 1983 4 Jurisdiction: England and Wales Land Updated: 21 October 2022; Ref: scu.647078
Citations: [1997] EWCA Civ 1936 Statutes: Mobile Homes Act 1983 1(2) Jurisdiction: England and Wales Landlord and Tenant Updated: 04 October 2022; Ref: scu.142332
The landowner sought to recover possession of land occupied under an agreement by a mobile home owner. Held: It was necessary for the land owner to show that he had complied with the requirements under the Act. It was insufficient for the matters to be admitted in the pleadings. Pleadings are not superfluous and are … Continue reading Loveridge and Loveridge v Healey: CA 20 Feb 2004
The test as to the occupation of a mobile home site is at the date of the trial not when the proceedings were issued. Citations: Gazette 09-Sep-1992 Statutes: Mobile Homes Act 1983 Sched 1 part 5 Jurisdiction: England and Wales Housing Updated: 31 July 2022; Ref: scu.84451
Park Homes – Site Rules – whether a rule that no person under the age of 45 may reside on a protected site may be introduced at the discretion of the site owner using the procedure in the Mobile Homes (Site Rules) (England) Regulations 2014 – whether such a rule capable of being introduced only … Continue reading White v Westonhill Residents Association: UTLC 3 Jul 2019
PARK HOMES – FTT procedure – protected site – parking – whether FTT has jurisdiction to direct that access to pitch be kept free of obstruction – whether order going further than necessary for the ‘just, expeditious and economical disposal of the proceedings’ – s.4(1), Mobile Homes Act 1983 – s.231A(4), Housing Act 2004 – … Continue reading Away Resorts Ltd v Morgan, Re Sandy Balls Estate: UTLC 16 Apr 2018
UTLC PARK HOMES – Pitch Fee Review – annual licence fee payable by park owner to local authority – delay in introducing licence fee – whether fee to be taken into account in determining pitch fee review – paras 18(1)(ba) and 20(A1), Sch 1, Mobile Homes Act 1983 – appeal allowed Citations: [2017] UKUT 28 … Continue reading Wyldecrest Parks (Management) Ltd v Kenyon and Others (Occupiers of Pitches At Bartington Hall Park): UTLC 25 Jan 2017
UTLC PARK HOMES – pitch fee review – site licence fee increased by local authority – whether increase should be included in the pitch fee – presumption of change in line with RPI not displaced – paragraphs 18(1)(ba) and 20(A1) Schedule 1 to Mobile Homes Act 1983 Citations: [2017] UKUT 24 (LC) Links: Bailii Statutes: … Continue reading Vyse v Wyldecrest Parks (Management) Ltd: UTLC 30 Jan 2017
UTLC PARK HOMES – administration charges – entitlement of park owner to recoup costs of electricity, LPG and sewerage services – Mobile Homes Act 1983 – appeal and cross-appeal both allowed in part [2015] UKUT 587 (LC) Bailii Mobile Homes Act 1983 England and Wales Landlord and Tenant Updated: 05 January 2022; Ref: scu.554282
UTLC PARK HOMES – sale of mobile home and assignment of pitch agreement – occupier’s notice of proposed sale – owner’s notice of application for a refusal order – whether notice may predate or must postdate application – para 7B, Sch 1, Mobile Homes Act 1983 – Mobile Homes (Selling and Gifting) (England) Regulations 2013 … Continue reading Wyldecrest Parks (Management) Ltd, Re 11 Scatterdells Park: UTLC 31 Jul 2014
UTLC PARK HOMES – administration charges – whether written statement permits administration charge for utilities – whether term to be implied – whether dispute over liability sufficiently identified to be open for consideration by RPT – effect of compromise of part of dispute – effect of part of dispute being raised in parallel county court … Continue reading Britaniacrest Ltd, Re Broadfields Park: UTLC 29 Oct 2013
UTLC PARK HOMES – Pitch Fee Review – water – whether pitch fee included charge for the supply of water – whether annual RPI increase to apply to the whole pitch fee or only to that part not referable to the supply of water – Mobile Homes Act 1983 – Water Industry Act 1991, s.150 … Continue reading Sayer Re: 48 Woodland View: UTLC 24 Jun 2014
UTLC PARK HOMES – PITCH FEE REVIEW – administration charges in connection with provision of gas and electricity – park owner’s decision not to recover by separate contractual charge – whether pitch fee may be increased to recoup same costs – paras 16-20, Ch. 2, Sch. 1 Mobile Homes Act 1983 – appeal dismissed [2016] … Continue reading Britaniacrest Ltd v Bamborough and Another: UTLC 18 Apr 2016
FTTTX VAT – exempt supplies – pitches for mobile homes – voluntary disclosure for periods 04/89 to 12/96 – claim to repayment of output tax – Group 1 Schedule 6 VAT Act 1983 – seasonal pitches – supplies properly standard rated – appeal dismissed Citations: [2013] UKFTT 159 (TC) Links: Bailii Statutes: Value Added Tax … Continue reading Tallington Lakes Ltd v Revenue and Customs: FTTTx 28 Feb 2013
The court was asked as to the scope of the security of tenure conferred on occupiers of mobile homes owned by them and stationed under licence on pitches in protected residential sites. The tenant was accused of anti-social behavuour in have paraded in military combat uniform, obscuring his face. The tenant appealed against grant of … Continue reading Telchadder v Wickland (Holdings) Ltd: CA 16 May 2012
The tenants on a registered mobile home site appealed a decision that they shoud contribute to the expenses of lopping trees at the edge of the site by including it in the pitch fee. The site owner said that it had been carried out for the benefit of the site and was recoverable under the … Continue reading Walker v Badcock: CA 24 Jun 1997
Judges: Lord Neuberger MR, Arden, Longmore LJJ Citations: [2011] EWCA Civ 408 Links: Bailii Statutes: Mobile Homes Act 1983 Jurisdiction: England and Wales Landlord and Tenant Updated: 06 September 2022; Ref: scu.432650
Citations: [2001] EWCA Civ 1474 Links: Bailii Statutes: Mobile Homes Act 1983 Jurisdiction: England and Wales Landlord and Tenant Updated: 27 June 2022; Ref: scu.218396
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
The court was asked to set pitch fees on a registered mobile home site. The site owner had sought to rely upon the fact of the order which cut from 15 per cent to 10 per cent the maximum commission chargeable by a site owner on an occupier’s assignment of his mobile home that reduction … Continue reading Stroud v Weir Associates: CA 1987
The Court was asked whether, and if so to what extent, occupiers of pitches on a caravan park are liable, pursuant to agreements to which the 1983 Act applies, to pay the owners of the park for the owners’ costs, expense and trouble in providing, administering and maintaining utilities. Judges: Sir Terence Etherton MR, Davis, … Continue reading P R Hardman and Partners v Greenwood and Another: CA 10 Feb 2017
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Old breaches did not support possession order The mobile home tenant was said to have paraded on the caravan park in combat style clothing, and disguising his face, causing fear among the other tenants. He now appealed against confirmation of the order for possession. He said that there had been an interval of almost three … Continue reading Telchadder v Wickland Holdings Ltd: SC 5 Nov 2014
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
UTLC PARK HOMES – PITCH FEE REVIEW – consequence of error in statement of relevant RPI increase – whether right to review is lost on anniversary of review date – Mobile Homes Act 1983, Chapter 2, Part 1, Schedule 1 – appeal allowed in part Martin Rodger QC, Deputy President [2015] UKUT 194 (LC) Bailii … Continue reading Shaw’s Trailer Park (Harrogate) v Sherwood and Others: UTLC 21 May 2015
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008