Park Home Living
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Introduction to the Tribunal and Park Home Matters

Published: 21st November, 2022

Tribunal

Litigation should always be the last resort when trying to resolve legal disputes. However, when all best efforts fail, the proceedings dealing with residential park home matters fall within the remit of First-tier Tribunal (Property Chamber) (“The Tribunal”).

 

The Tribunal is the appropriate forum for the resolution of contractual disputes between park home owners and site owners of protected sites in England. There are exceptions, the main being in relation to applications to terminate an agreement which, remain within the jurisdiction of the county courts.

This article will provide the reader with an introduction to the Tribunal process.

Who decides upon Tribunal cases?


There are two types of Tribunal members: The chairman who is usually a lawyer or surveyor, they are responsible for the ruling or determination. Others members may include lawyers, surveyors, and other professionals and lay people. Usually when a Tribunal considers a case it consists of two or three members including the chairman.

The Application


You will find several application forms for the Tribunal which are each relevant to  different matters. For example, there are forms used exclusively for pitch fee applications or bringing any other matter to the Tribunal.

Prior to completing and submitting an application, I always advise reading the notes found within the form. They will provide guidance on how to complete the form and also outline any important documents that are required. 

There can be an initial court fee to be paid in order for the form to be processed. Once paid, it will be processed and the Tribunal will advise of the next steps that each party must take. They will also assess if the case is urgent, for example, if it relates to the safety and welfare of people.

Is legal advice required?


Whether you are a park home owner or a site owner, it may be prudent to seek independent legal advice before submitting an application to the Tribunal. This can help you understand your legal position and whether you have prospects in succeeding with the application. Obtaining advice from a park home specialist will explain the different legal approaches and/or arguments that you may not have considered.

Types of applications

 

The Tribunal can determine a variety of matters for example (non-exhaustive):

 

● Problems with the base

● Disputing utility charges

● Enforcement of site rules

● Pitch fee reviews

● Recognition of a residents’ association

Are there rules that users should be aware of?

 

The Tribunal has specific rules which are separated into six parts:

 

● Part 1 sets out the overriding objective

● Part 2 sets out the Tribunal's case management powers

● Part 3 contains provisions relating to the proceedings and responses

● Part 4 deals with the hearing and the making and notification of the decisions reached

● Part 5 deals with the rules about the special rules for various types of matters and

● Part 6 deals with the setting aside, reviewing and appealing against the Tribunal decisions.

 

It is important to be aware of the rules you are required to comply with and the obligations or the directions requested by the Tribunal.

Are my legal costs recoverable?

 

The Tribunal does not usually award legal costs against the losing side unless the other side behaves unreasonably in connection with the proceedings, and there could be serious consequences. For example, the Tribunal may order the defaulting or unreasonable party to pay legal costs to the other party.

The principal objective of the Tribunal is to help individuals deal with matters, fairly and justly.

Courtesy: Ibraheem Dulmeer at Park Homes Law

The information provided in this article serves as useful guidance. Please note that this is not intended to be comprehensive and should not be taken in place of specific legal advice.  This material should not be replicated without the author’s consent. Ibraheem Dulmeer © 2022