Mobile Homes Act 1983

dispute resolution in the Residential Property Tribunal

From 30 April 2011, disputes under the Mobile Homes Act 1983 will be dealt with by Residential Property Tribunals in place of the county court.

Siobhan McGrath, senior president, Residential Properties Service, considers the types of cases they will deal with.

The Residential Property Tribunals are part of a larger organisation known as RPTS (the Residential Property Tribunal Service). The RPTS is responsible for the management of several tribunals that deal with issues relating to people's homes. For example, we assess fair rents and market rent. We decide on the payability and reasonableness of service charges and decide  whether there has been a breach of covenant where a landlord is seeking to forfeit a lease. Most recently, the Tribunals have been given new jurisdictions to deal with appeals under the Housing Act 2004.

The Tribunal deals with about 8,000 cases a year in its five regional offices. Cases are dealt with locally in the regions and in a central office in London. Typically outside London, a venue will be booked for a hearing which is close to the property under discussion. In many cases the Tribunal will inspect the property, as well as holding hearings at which the parties can give evidence and make submissions.

The service is less formal than the courts. In many cases parties represent themselves without assistance from lawyers. Also, we are a 'no costs' Tribunal. This means, we do not award costs against a losing party. Those who come to the Tribunal do so at their own expense, but will not have to bear the risk that they will have to pay the other side's costs as well as their own. The one exception is that the Tribunal can award penal costs against a party who has behaved frivolously, vexatiously, abusively or otherwise unreasonably in proceedings, or has unreasonably failed to comply with the Tribunal's orders for the disclosure of documents.

Another significant difference between the Tribunal and court is that instead of there being a single judge, several Tribunal members hear each case. The chairman of the Tribunal is usually a lawyer, but may also be a surveyor.

Although the Tribunals will deal with a wide variety of cases, RPTs will not be deciding on whether an agreement is terminated, these decisions are to remain with the court.

However, they will decide disputes about the following:-

• pitch fees
• written statements and terms of agreements
• whether the condition of a park home is having a detrimental effect on the amenity of the site
• applications for the recognition of residents associations
• applications for the Tribunal's approval for the temporary relocation of the park home
• applications for the Tribunal's approval of a buyer or done for the purposes of a sale or gift of the park home

Application forms and procedural guidance are being drafted and staff and members are being trained.

Some have asked, what special expertise does this tribunal have in park homes work? The answer is that park homes work is new to us; however, we have considerable expertise in dealing with disputes about homes, in the handling of cases involving homes and in dealing with parties who are not represented.

Siobhan McGrath concludes: 'We will approach the new jurisdictions with enthusiasm and care and over time will build on our current knowledge and experience."

We are indebted to the NCC for their permission to reproduce an article published The NCC Business journal