RPT/0003/05/23: 7 Westover Park, Whitland
| Judgement Number | RPT/0003/05/23 |
| Year | 2023 |
| Date | 19 January 2024 |
| Court | Residential Property Tribunals |
| Subject Matter | S.54 General Matters |
| Applied Rules | Mobile Homes (Wales) Act 2013 |
Y TRIBIWNLYS EIDDO PRESWYL
THE RESIDENTIAL PROPERTY TRIBUNAL
Reference: RPT/0003/05/23
In the matter of: 7 Westover Park, West Street, Whitland, Carmarthenshire, SA34 0AH, and
In the matter of: An application under section 54 of the Mobile Homes (Wales) Act 2013
APPLICANT: Mr Stephen Edwards
RESPONDENT: Wyldecrest Parks (Management) Ltd
TRIBUNAL: Ms Claire Jones LL.B. (Chairperson)
Mr David Evans FRICS. (Valuer Member)
Dr Angie Ash (Lay Member)
HEARING: Microsoft Teams Virtual Platform on 12 December 2023
APPEARANCE FOR APPLICANT: The Applicant Mr Stephen Edwards in person.
Assisted by Ms Debbie Williams
APPEARANCE FOR RESPONDENT: Mr David Sunderland (the Respondent’s Estates Director)
SUMMARY OF DECISION
The Tribunal determines that the 2023 Service Charge is not payable by the Applicant as it is
not in line with the terms of the Agreement and the Mobile Homes (Wales) Act 2013.
The Tribunal determines that the 2023 Water Charge of £18.08 is payable by the Applicant with
effect from the 11 May 2023, in line with the terms of the Agreement.
REASONS FOR DECISION
Background Facts
1. The mobile home park known as Westover Park, West Street, Whitland, Carmarthenshire,
SA34 0AH (‘the Park’) is a protected site within the meaning of the Mobile Homes (Wales)
Act 2013 (‘the Act’). The Respondent became Owner of the site in late 2020. It was
previously owned by a company linked to the Respondent. The Applicant purchased his
mobile home in May 2020 and became a resident at the Park.
2. The Applicant and the Respondent’s predecessor in title entered into an agreement in May
2020 to which the Act applies (‘the Agreement’), and as recorded in a written statement
under the Act.
3. The Respondent issued two letters to the Applicant dated 18 January 2023. The first stated
that a monthly service/maintenance charge of £15.86 would be payable from 1 March
2023. The second said that the new monthly water charge of £18.08 would also be payable
from 1 March 2023.
4. The Applicant made an application to the Tribunal dated 20 July 2023 (‘the Application’) for
determination of questions arising under the Act or Agreement.
Questions for Determination
5. The points for determination are set out in the Applicant’s Statement and formulated as
questions in the Respondent’s Statement as follows:
5.1 Is the maintenance charge a new charge which does not form part of the existing
agreement or an existing charge in line with the terms of the agreement?
5.2 Has the resale of water been charged in line with the terms of the Applicant’s
agreement?
5.3 Is the Respondent entitled to operate the Park without a Caravan Site Licence?
Preliminary Matters
6. The Tribunal considered two preliminary matters. Firstly, it considered the question for
determination (paragraph 5.3 above) as to the operation of the Park without a Site Licence.
Secondly, it dealt with the Applicant’s request to include additional evidence outside the
timetable set out in the Tribunal’s Amended Directions dated 21 September 2023.
6.1 The Site Licence
The Tribunal noted that the Respondent had applied for a Site Licence for the Park in 2020.
The Applicant’s Witness Statement included a letter from the relevant Local Authority
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