It depends on the question you are asking. The Tribunal has jurisdiction to decide the majority of disputes arising under the Mobile …Homes Act 1983 (as amended) or the terms of the agreement including pitch fee reviews. Proceedings for termination of the agreement and possession of the pitch or any other dispute remains the jurisdiction of the County Court.
Seek advice from a park’s specialist. You need to make sure you are not under any strict timescale in which to respond.
Investigate the complaint thoroughly …and if appropriate ask for a meeting with the enforcement officer. Keep the local authority informed about what you are doing…
You could consider making an application for a certificate of lawful use to the local planning authority if it is too late for the local planning authority to …take action to enforce the breach of planning control. Factual evidence would need to be provided to the local planning authority in the form of a statutory declaration about the stationing of the caravans. Be aware that if your application were to fail, the Council could take enforcement action in respect of the breach of planning control.
A licence agreement is a contractual permission, allowing the caravan/lodge owner to keep his or her caravan/lodge on a pitch subject to terms and conditions.
A lease …creates a legal estate in the land over which the caravan/lodge owner has the right to keep the caravan/lodge on the land subject to the covenants in the lease.
Yes. The Courts will expect there to be a suitable, written agreement in place between you and the caravan/lodge owner…setting out the rights and obligations of the parties.
For more information and insights from our Leisure and Tourism team please visit our Leisure and Tourism Info Hub.
If the dispute cannot be resolved, in order to avoid allegations of trespass and damage to goods (i.e. the caravan/lodge and the possession inside) you would need to bring a claim in the County Court for possession of the pitch but be prepared for the proceedings to be defended and for any possible …counterclaim for damages for unlawful termination. Legal action is expensive and can be long drawn out. You should take legal advice on the risks of pursuing legal action before bringing a claim. If appropriate, make a “without prejudice” offer of settlement.
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