Should I pick up the bill for park improvements?

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

Some residents on my park have experienced sewage and electrical problems which have been ongoing for the past few years.
Last year, the park was sold to new owners. Recently, the new park owners put forward a proposal to upgrade the sewage, electrics and roads. This will initially be funded by the site owners but, after a year, an additional £9.25 will be added to residents’ plot fees and included in the annual pitch fee review for ever more. Residents rejected this proposal arguing that this work should be carried out as part of necessary park maintenance not ‘upgrading’.
We also fear that the new owners want to get rid of the smaller homes and replace them with large new ones and that the upgrading work would be necessary for this purpose. On top of this, the new owners have not replaced the outgoing park manager. They have also recently informed us that we will have to grit the roads ourselves in future. We have not received any reduction in fees for this.

 The site owner can take into account improvements made to the site when determining any new pitch fee. However, under the new Implied Terms, which came into force on October 1st, 2006, there must be consultation with the occupiers and the residents’ association, if there is one, before any work is carried out.
Paragraph 18(1) of the new Implied Terms provides that when the site owner is ‘determining the amount of the new pitch fee’ particular regard shall be had to:
(a) any sums expended by the site owner since the last review date on improvements-
(i) which are for the benefit of the occupiers of the mobile homes
(ii) which were the subject of consultation in accordance to paragraph 22(e) and (f)…’
Paragraphs 22(e) and (f) of the new Implied Terms state that the owner must consult with the occupier about improvements to the site in general, especially those which the owner wishes to be taken into account when determining the amount of any new pitch fee. The owner must also consult a qualifying residents’ association about all matters which relate to the operation and management of, or improvements to, the site.
In summary, the site owner can only take into account improvements that were made since the last review date; he must consult with the occupiers and the residents’ association on the improvements and there must be agreement that the improvements should be carried out/ If the site owner does not consult with you and you have not agreed to the improvements, the sum cannot be taken into account when determining the new pitch fee.
In relation to your question about the park manager, it would depend on what is in your written agreement or site rules. If there is nothing in either of the documents relating to the need for a park manager then I am afraid the site owner is under no obligation to provide one.
You also state that the roads are now to be gritted by yourselves. It has always been common practice that the site owner gritted the roads. Taking this service away could amount to a decrease in the amenity of the park.
Under the new Implied Terms, if there is any decrease in amenity, you can refuse to pay the next RPI pitch fee increase. I would suggest that you should first write to the park owner giving notice that if he does not restore the service of gritting the roads you will refuse to pay the next RPI increase. You should continue to pay the decreased pitch fee until the service is restored.

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