The Residential Property Tribunal Service is the public body that can decide many Rent and Leasehold disputes. We provide a fair, unbiased service used by thousands of Landlords, Tenants and Leaseholders every year.
A Guide to the Residential Property Tribunal (“RPT”) for park homes
John Clement of Turbervilles Solicitors examines some RPT procedures and how they differ from the existing County Court regime.
1. When do the changes take place?
As from 30 April 2011, most of the powers of the County Court in relation to park home disputes in England will be transferred to the RPT. The legislation will not apply (yet) in Wales, Scotland or Northern Ireland.
2. Which disputes will the RPT deal with?
From 30 April 2011, the RPT will be responsible for dealing with all disputes arising under the Mobile Homes Act 1983 between park owners and occupiers, except cases where the owner is asking to terminate the occupier’s agreement for any reason. Owners should note, however, that where termination is sought on the ground that the home is detrimental to the amenity of the park, the owner must first apply to the RPT to obtain a declaration that the home is detrimental by reason of its condition and then (if that is successful) apply to the Court for termination. The RPT will have powers to adjourn the proceedings to allow a resident to carry out repairs.
All other disputes not involving termination (such as pitch fee reviews, disputes about the terms of agreements, disputes about sales of homes and assignments, and applications to re-site homes) will be heard by the RPT.
3. What powers will the RPT have?
The RPT will broadly have the same powers to decide disputes as are currently held by the County Court. It will be able to make determination of matters such as annual pitch fees, to require payments to be made from one party to another, to order homes to be re-sited, to order repairs to be undertaken, and to direct how the parties should behave toward each other in future, for example to prevent a park owner seeking to block sales. Although the usual rule in the RPT is that each side will pay its own costs, the Tribunal will also have the power to award costs of up to £5,000 against a party in appropriate cases.
4. Are there any time limits?
It is important to be aware that one new rule will be the introduction of time limits on certain types of applications. These rules are as follows:
- Where a resident wants to apply in relation to the sale of their home (for example against the park owner’s refusal of consent), this must be brought within three months from the date when the resident receives the park owner’s written refusal;
- If the park owner fails to reply to the resident’s request, the resident has a period of months to apply to the RPT, starting from the last date on which the park owner should have responded to the request;
- Where either party wants to apply in respect of a pitch fee review and the park owner has given notice of the proposed change at least 28 days before the review date, the application must be made within three months of the review date; and
- Where either party wants to apply in respect of a pitch fee review but the park owner has not given notice prior to the review date, the application must be made within four months of the date of service of the notice.
If the time limits for pitch fee reviews are missed, the RPT does have a discretion to extend them, but this will only be exercised if the party applying can show a good reason for not making the application in time.
5. What about existing disputes?
All cases which have been started in the County Court prior to 30 April 2011 will remain there and will be unaffected by the changes.
6. How does the RPT procedure work?
The procedure is designed to be easier, cheaper and quicker than the County Court. An application is started by filling in the standard application form (which will be available on the RPT website) and sending this to the appropriate office with the fee (currently £175). The tribunal will then normally fix a preliminary hearing to determine the issues that are in dispute, and to agree a timetable for dealing with the matter. The RPT has wide powers to decide how to deal with disputes. Some cases may be dealt with on paper without a hearing, but where there are disputes as to facts a hearing will almost always be needed.
John Clements of Turbervilles Solicitors is one of the few solicitors in the UK specialising in Park Home Law
Hill House - 118 High Street - Uxbridge - Middlesex UB8 1JT
Tel: 01895 201 700
