Does my elusive park owner forfeit the right to claim back the ground rent charges?

• Tuesday, 2 June 2009
• Kathleen Retourne
• 0 Comments

I read, with interest, your column in the September issue of PH&HC, where you answered a question on tracking down an evasive park owner.
I currently have this problem and took the course of action you advised by withholding the ground rent after writing to the owner and warning him of my intention to do so.
Since then, I have seen the owner just once and he made vague excuses about why he could not give me his address. Three months have elapsed and I still do not have his address.
My query concerns the wording used in your advice column that, ‘the pitch fee shall be treated for all purposes as not being due from the occupier to the owner at any time before the owner does so comply’.
I had assumed that once he provides a legitimate address, I must pay him all of the money previously due. But, does he in fact forfeit the ground rent that would have been due for any month prior to his providing an address?

 Where a site owner makes a demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain the name and address of the site owner.
If a demand does not contain the name and address of the site owner, the occupier can refuse to pay that demand and any demand thereafter until an address is supplied with a demand for payment. From the information provided, this is the action you have taken.
Now, in answer to your question: the whole point of withholding the payment is to push the site owner into providing the information requested by pulling at their purse strings, hence you do not have to pay him the charges that you have already refused to pay, you simply pay a charge where a valid address is contained on the demand for payment. It must be noted that each demand for any payment by the occupier to the site owner must contain the site owner’s name and address.

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