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Application by site owner for a determination that having regard to its condition a park home is having a detrimental effect on the amenity of the site

Document Cited authorities 2 Cited in Related
Vincent
Published date21 March 2018
Subject MatterPark homes application forms
Residential Property Tribunal Service - PH4 Form

First-tier Tribunal Property Chamber
(Residential Property)

Ref no. (for office use only)

Application by site owner for a determination that having regard to its condition a park home is having a detrimental effect on the amenity of the site

Paragraph 5A(2)(a) of Chapter 2 or paragraph 6(1)(a) of Chapter 4 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (as amended)

It is important that you read the notes below carefully before you complete this form.

This is the correct form to use if you are a Park Home protected site owner who wishes to terminate an agreement for occupation on the ground that having regard to its condition a park home is having a detrimental effect on the amenity of the site.

Note:

(1) Even if the application to the Tribunal succeeds it will still be necessary for a court on application to be satisfied that it is reasonable for the agreement to be terminated before termination by the site owner is permitted by the court. [Note that exceptionally where there is a pre-dispute arbitration agreement the application for a determination that it is reasonable for the agreement to be terminated is made to the Tribunal and not the court].

(2) If the Tribunal is satisfied that the condition of the home is having a detrimental effect on the amenity of the site but (a) it also considers that it would be reasonably practicable for particular repairs to be carried out on the home that would mean it ceases to have such an effect and (b) the occupier indicates that he intends to carry out those repairs, the Tribunal may adjourn the proceedings, for such period as it considers reasonable, to allow the repairs specified in the order to be carried out. In this case the application may only proceed if the Tribunal is satisfied that the repairs have not been carried out in the specified period.

A fee is payable for this application (see section 8 for Help with Fees).

Applications should be sent as a Microsoft Word document by email to the relevant regional tribunal address shown in the Annex to this form. You must also send by email the agreement under which the occupier occupies the home and any other documents listed in section 4. If you cannot access email or find someone to assist you in lodging your application by email, then a paper application will be acceptable although there may be a delay in dealing with this. Sending an application on paper will not be suitable in urgent cases.

You can now pay the the fee (if applicable) by an on-line banking payment or by cheque/postal order enclosed with the application form.

If you want to be sent online banking payment details by email, please tick this box

Please make sure a copy of the application is served on the other party/parties to the application. If you are unable to serve a copy on the other party/parties, please bring this to the tribunal’s attention in the covering email or if sending by post in a covering letter.

Please do not send any other documents. When further evidence is needed, you will be asked to send it in separately.

If you have any questions about how to fill in this form, the fee payable, or the procedures the Tribunal will use please contact the appropriate regional office.

If you are completing this form by hand please use BLOCK CAPITAL LETTERS.

  1. DETAILS OF SITE

Address of Site:

Is the site a local authority (including county council) site providing accommodation for gypsies and travellers?

Yes No

NOTE that Chapter 2 of Part 1 of Schedule 1 to the Act governs agreements relating to pitches in England except pitches on local authority provided gypsy and traveller sites and Chapter 4 of Part 1 of Schedule 1 to the Act governs agreements relating to permanent pitches on local authority provided gypsy and traveller sites.

  1. DETAILS OF APPLICANT SITE OWNER

Name:

Address (including postcode):

Address for correspondence (if different from above):

Telephone:

Day:

Evening:

Mobile:

Email address:

Fax:

Name and address and details of agent (if relevant) Where details of an agent have been given, all correspondence and communications will be with them until the Tribunal is notified that they are no longer acting.

  1. DETAILS OF OCCUPIER

Name:

Address of occupier (including postcode):

Telephone:

Day:

Evening:

Mobile:

Email address:

Fax:

...

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