9, 25 and 28 Middleton Park, Welshpool
| Judgement Number | RPT/0047/02/23 - RPT/0048/02/23 - RPT/0049/02/23 |
| Year | 2023 |
| Date | 17 July 2023 |
| Court | Residential Property Tribunals |
| Subject Matter | Pitch Fee Review |
| Applied Rules | Mobile Homes (Wales) Act 2013 |
1
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
IN THE MATTER OF AN APPLICATION TO DETERMINE A NEW PITCH FEE UNDER THE MOBILE
HOMES (WALES) ACT 2013
Reference: RPT/0047/02/23, RPT/0048/02/23 AND RPT/0049/02/23
Property: No. 9, No. 25 and No. 28 Middletown Residential Park, Middletown, Welshpool,
Powys, SY21 8EX
Applicant: Wyldecrest Parks (Management) Ltd
Respondents: Mr & Mrs Dixon (No. 9), Mr and Mrs Davies (No. 25) and Mr & Mrs Harland (No.
28)
Tribunal: Mrs Siân Westby (Legal Chair)
Mr Hefin Lewis FRICS (Surveyor Member)
Mr Dean Morris (Lay Member)
Appearance for Applicant:
Mr Sunderland (Estates Manager for the Applicant)
Appearance for Respondents:
Mr Harland on behalf of Mr & Mrs Dixon (No. 9) and M r & Mrs Harland (No. 28)
Mr Davies on behalf of Mr & Mrs Davies (No. 25)
Decision of the RESIDENTIAL PROPERTY TRIBUNAL
Summary of Decision
The Tribunal determines that the new monthly pitch fee for the properties is as follows:
• No.9 Middletown Residential Park £122.07 per month;
• No. 25 Middletown Residential Park £167.69 per month; and
• No.28 Middletown Residential Park £167.69 per month.
The pitch fee is payable from 1 January 2023.
Background
1. Mr & Mrs Dixon are the occupiers of pitch number 9
2
2. By way of three separate applications to the Residential Property Tribunal, all dated 23
February 2023, the Applicant, Wyldecrest Parks (Management) Ltd, seeks a formal
determination of the pitch fees payable by t he Respondents, pursuant to paragraph 17(1)(b)
of Schedule 2, part 1, chapter 2 of the Mobile Homes (Wales) Act 2013 (“the Act”).
3. The Tribunal issued directions on 15 March 2023 and invited written representations from the
Respondents by no later than 4pm on 14 April 2023 and any further written representations
from the Applicant by no later than 4pm on 28 April 2023.
The Applicant’s Case
4. The Tribunal has before it copies of the pitch fee review forms, all dated 30 November 2022,
that were served on the Respondents by the previous owner of the site, Laird Estate Group
Holdings Ltd (“Laird”), in respect of each of the relevant park homes (“the Pitch Fee Review
Forms”). This is the form prescribed under paragraph 23 of Chapter 2 of Part 1 of Schedule 2
to the Act.
5. All of the Pitch Fee Review Forms propose an increase in the pitch fees of 11.1%, calculated
by reference to the published percentage change in the Consumer Price In dex (“CPI”) for
October 2022.
6. The current pitch fee for No.9 is £109.99 and the proposed new pitch fee is £122.07.
7. The current pitch fee for No.25 is £150.94 and the proposed new pitch fee is £167.70.
8. The current pitch fee for No.28 is £150.94 and the proposed new pitch fee is £167.70.
9. The Applicant’s case is that the pitch fee has been calculated in acco rdance with the Act, which
presumes that the pitch fee will increase annually by a percentage, whi ch is no more than the
CPI.
The Respondents’ Case and the Applicant’s Supplementary Response
10. Mr & Mrs Dixon (No.9) and Mr & Mrs Harland (No.28) filed and served a joint written
statement dated 3 April 2023. Mr & Mrs Davies (No.25) filed and serv ed a written statement
dated 14 April 2023. The Applicant filed two supplementary statements thereafter, one in
response to Mr & Mrs Dixon’s and Mr & Mrs Harland’s statement and the other in response
to Mr & Mrs Davies’ statement.
11. The Pitch Fee Review Forms proposed that the new pitch fee would take effect from 1 January
2023 for each of the Properties. This commencement date is not disput ed by any of the
Respondents.
12. Mr & Mrs Dixon and Mr & Mrs Harland’s dispute in respect of the proposed new pitch fee can
be summarised as follows:
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