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SCHEDULES

SCHEDULE 1E+W+S Agreements Under Act

Part IE+W+S Terms Implied by Act

[F1CHAPTER 2E+W+SAgreements relating to pitches in England and Wales except pitches in England on local authority gypsy and traveller sites and county council gypsy and traveller sites ]

Textual Amendments

[F2The pitch feeE+W+S

Textual Amendments

F2Sch. 1 Pt. 1 paras. 10-29 and cross-headings substituted for Sch. 1 Pt. 1 para. 10 and cross-heading (E.) (1.10.2006) by The Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 (S.I. 2006/1755), arts. 1(1), 2(6) (with arts. 1(2)(3), 4) and (W.) (30.11.2007) by by The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007 (S.I. 2007/3151), arts. 1(1), 2(6) (with arts. 1(2)(3), 4)

16E+W+SThe pitch fee can only be changed in accordance with paragraph 17, either—

(a)with the agreement of the occupier, or

(b)if the [F3appropriate judicial body], on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee.

Textual Amendments

17(1)The pitch fee shall be reviewed annually as at the review date.E+W+S

(2)At least 28 clear days before the review date the owner shall serve on the occupier a written notice setting out his proposals in respect of the new pitch fee.

(3)If the occupier agrees to the proposed new pitch fee, it shall be payable as from the review date.

(4)If the occupier does not agree to the proposed new pitch fee—

(a)the owner may apply to the [F4appropriate judicial body] for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b)the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the [F4appropriate judicial body] under paragraph 16(b); and

(c)the new pitch fee shall be payable as from the review date but the occupier shall not be treated as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the [F4appropriate judicial body] order determining the amount of the new pitch fee.

(5)An application under sub-paragraph (4)(a) may be made at any time after the end of the period of 28 days beginning with the review date [F5but F6... no later than three months after the review date].

(6)Sub-paragraphs (7) to (10) apply if the owner—

(a)has not served the notice required by sub-paragraph (2) by the time by which it was required to be served, but

(b)at any time thereafter serves on the occupier a written notice setting out his proposals in respect of a new pitch fee.

(7)If (at any time) the occupier agrees to the proposed pitch fee, it shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(8)If the occupier has not agreed to the proposed pitch fee—

(a)the owner may apply to the [F4appropriate judicial body] for an order under paragraph 16(b) determining the amount of the new pitch fee;

(b)the occupier shall continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the [F4appropriate judicial body] under paragraph 16(b); and

(c)if the [F4appropriate judicial body] makes such an order, the new pitch fee shall be payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (6)(b).

(9)An application under sub-paragraph (8) may be made at any time after the end of the period of 56 days beginning with date on which the owner serves the notice under sub-paragraph (6)(b) [F7but F8... no later than four months after the date on which the owner serves that notice].

[F9(9A)A tribunal may permit an application under sub-paragraph (4)(a) or (8)(a) F10... to be made to it outside the time limit specified in sub-paragraph (5) (in the case of an application under sub-paragraph (4)(a)) or in sub-paragraph (9) (in the case of an application under sub-paragraph (8)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time.]

(10)The occupier shall not be treated as being in arrears—

(a)where sub-paragraph (7) applies, until the 28th day after the date on which the new pitch fee is agreed; or

(b)where sub-paragraph (8)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the [F4appropriate judicial body] order determining the amount of the new pitch fee.

Textual Amendments

18(1)When determining the amount of the new pitch fee particular regard shall be had to—E+W+S

(a)any sums expended by the owner since the last review date on improvements—

(i)which are for the benefit of the occupiers of mobile homes on the protected site;

(ii)which were the subject of consultation in accordance with paragraph 22(e) and (f) below; and

(iii)to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the [F11appropriate judicial body], on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;

(b)any decrease in the amenity of the protected site since the last review date; and

(c)the effect of any enactment, other than an order made under paragraph 8(2) above, which has come into force since the last review date.

(2)When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(b)(iii) each mobile home is to be taken to have only one occupier and, in the event of there being more than one occupier of a mobile home, its occupier is to be taken to be the occupier whose name first appears on the agreement.

(3)In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced.

Textual Amendments

19[F12(1)]When determining the amount of the new pitch fee, any costs incurred by the owner in connection with expanding the protected site shall not be taken into account.E+W+S

[F13(2)F14... When determining the amount of the new pitch fee, no regard may be had to any costs incurred by the owner in relation to the conduct of proceedings under this Act or the agreement.]

Textual Amendments

F12Sch. 1 Pt. 1 Ch. 2 para. 19 renumbered as Sch. 1 Pt. 1 Ch. 2 para. 19(1) (E.) (30.4.2011) by The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 (S.I. 2011/1005), arts. 1(1), 3(7)(k)(i)

F14Words in Sch. 1 Pt. I Ch. 2 para. 19(2) omitted (W.) (21.3.2012) by virtue of The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (Wales) Order 2012 (S.I. 2012/899), arts. 1(1), 3(7)(l) (with art. 5)

20(1)There is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the retail prices index since the last review date, unless this would be unreasonable having regard to paragraph 18(1) above.E+W+S

(2)Paragraph 18(3) above applies for the purposes of this paragraph as it applies for the purposes of paragraph 18.]