Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Apply for a park home protected site implied terms order, an express terms order or unenforceable express term order

Document Cited authorities 4 Cited in Related
Vincent
Published date21 March 2018
Subject MatterPark homes application forms
Residential Property Tribunal Service - PH2 form

First-tier Tribunal Property Chamber
(Residential Property)

Ref no. (for office use only)

Application by an occupier of a Park Home on a protected site, or a Park Home site owner, for

(1) an order (under section 2(2) implying a term or terms concerning the matters mentioned in Part 2 of Schedule 1 to the 1983 Act (see below) into an agreement for occupation or

(2) an order (under section 2(3)(a)) varying or deleting any express term (other than a site rule) of an agreement for occupation or

(3) an order (under section 2(3)(b)) that an unenforceable express term have full effect, or to have such effect subject to any variation specified in the order.

Note: Section 1(6) of the Act provides that any express term in the agreement (other than a site rule) that was not set out in a written statement given by the site owner before the agreement was entered into, in accordance with the Act, is unenforceable unless the Tribunal makes an order under section 2(3)(b) (above).

For applications that can be made to the tribunal in respect of site rules please see forms PH14 and PH15.

Sections 2(2) and 2(3) of 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 party to an agreement under which a park home is stationed on a protected site and you want the Tribunal to (1) order that there shall be implied into the agreement terms concerning the matters mentioned in Part 2 of Schedule 1 of the Mobile Homes Act 1983* or (2) to make an order varying or deleting any express term of the agreement (other than a site rule) or (3) to order that an unenforceable express term in the agreement be enforceable in whole or as varied by the Tribunal. Note that the right to apply to the Tribunal under section 2(2) or 2(3) does not apply in respect of a transit pitch on a local authority (including county council) gypsy and traveller site.

*The matters referred to are:

(a) the sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid;

(b) the review at yearly intervals of the sums so payable;

(c) the provision or improvement of services available on the protected site and the use by the occupier of such services;

(d) the preservation of the amenity of the protected site.

Please note that your application must be received by the Tribunal not later than 6 months after the date on which the agreement was made OR, where a written statement was given after that date, not later than 6 months after the date on which the statement was given.

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 a copy of your agreement. 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 APPLICANT

Name:

Capacity (e.g. occupier or site owner):

Address of premises to which agreement to occupy relates:

Address for correspondence (if different):

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 OTHER PARTY (‘THE RESPONDENT’)

Name and Capacity (e.g. occupier or site owner):

Address

Address for correspondence (if different):

Telephone:

Day:

Evening:

...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT