At LEASE-Park Homes Team we receive many queries about pitch fee reviews. This article will focus on what the pitch fee review process entails and some of the common issues that arise
The pitch fee can only be changed either by agreement between the occupier and site owner or by a determination of the First-tier Tribunal (Property Chamber) (LVT in Wales) (the Tribunal) . It can be reviewed annually as at the review date, a date which is usually specified in the pitch agreement.
THE PITCH FEE REVIEW PROCESS
At least 28 clear days before the review date the owner must serve on the occupier a written notice setting out their proposals in respect of the new pitch fee. If the park home owner agrees to the proposed new pitch fee, then it shall be payable as from the review date.
The written notice must be accompanied by a pitch fee review form. This form is designed to provide transparency in the Pitch Fee Review and to help occupiers understand the amount that they are being charged. It is also to ensure that a site owner is not able to add unfair charges onto the pitch fee.
WHAT CAN BE INCLUDED IN THE PITCH FEE REVIEW?
There is a presumption that the pitch fee will be increased only by RPI (Retail Prices Index) in England, and CPI (Consumer Prices Index) in Wales.
Although, as the implied terms* make clear, that when determining the amount of the new pitch fee, particular regard shall be had to the following:
● costs of improvements to the site
● deterioration in the condition, decrease in the amenity, of the site or any adjoining land which is occupied or controlled by the owner
● reduction in the services that the owner supplies to the site, pitch or mobile home, and any deterioration in the quality of those services
● direct effect on the costs payable by the owner in relation to the maintenance or management of the site of any enactment which has come into force since the last review date
For questions in relation to Pitch Fee Reviews in England and Wales, please contact Park Homes at LEASE on 0207 832 2525 or email@example.com.
Read the full story in the May 2019 issue of Park Home & Holiday Caravan