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 agreement. The tenant said that this applied only wherethe site owner was doing something over and above the obligations already accepted by him, and provided for in the rent.
Held: The judge had been permitted to allow for the costs incurred.
Staughton LJ said: ‘that clause 7(a) only says that regard shall be had to the matters mentioned at (i), (ii) and (iii). It does not say that the pitch fee will be automatically adjusted in accordance with the Retail Price Index, or in accordance with the amount that the owners have spent. It merely says that regard shall be had to those matters.’
Judges:
Staughton, Mummery LJJ
Citations:
[1997] 2 EGLR 163, [1997] EWCA Civ 1949
Statutes:
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 the order which cut from 15 per cent to 10 per cent the maximum commission chargeable by a site owner on an occupier’s . .
Cited by:
Cited – Howard and others v Kinvena Homes Ltd CA 27-Jun-1999
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 04 October 2022; Ref: scu.142345
