RPT/0019/11/21: 25 Tavern Park, Welshpool
| Jurisdiction | England & Wales |
| Subject Matter | Section 54 - General matters |
| Applied Rules | Mobile Homes (Wales) Act 2013 |
| Year | 2022 |
| Court | Residential Property Tribunals |
| Judgement Number | RPT/0019/11/21 |
1
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
Reference: RPT/0019/11/21
In the Matter of 25 Tavern Park, Forden, Nr Welshpool, SY21 8FA
And in the matter of an application under section 54 of the Mobile Homes (Wales)
Act 2013
Applicant: Maguires Developments
Representation: John Clement of IBB Law LLP
Respondent: Janet Ayres
Representation: In person/Michael Ayres
Type of Application: Section 54(1) of the Mobile Homes (Wales) Act 2013
Tribunal: Mr. C. R. Green (Chairman)
Mr. H. Lewis (Valuer Member)
Mr. H. Jones (Lay Member)
Date of determination: 18 February 2022
DECISION
The Respondent, Janet Ayres, is in breach of rule 23 of the site rules and clause
3(h) of the agreement made between herself and the Applicant, Maguires
Developments, dated 2 April 2016 by permitting her son, Michael Ayres, to
reside with her at her mobile home at pitch 25, Tavern Park, Forden, Welshpool
SY21 8FA.
REASONS FOR DECISION
Background
1. The residential mobile home park known as Tavern Park, Forden, Welshpool SY21
8FA (“the Park”) is a protected site within the meaning of the Mobile Homes
(Wales) Act 2013. The Park is owned by Wayne Maguire and his wife, trading in
partnership under the name of “Maguires Developments”.
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2. Janet Ayres, aged 65, is the owner and occupier of a park home stationed on pitch
25 of the Park, which she occupies under the terms of a written agreement made
with the Applicant dated 2 April 2016 (“The Agreement”) when she purchased the
mobile home. Clause 3(h) of the Agreement provides:
“You must comply with the park rules. A copy of the current park
rules is attached to this Written Statement.”
Rules 23 and 24 of the Site Rules provide:
“23. No person under the age of 50 years (with the exception of
the park owner, his family, his employees, and members of
the employee’s family) is permitted to live on the park.
24. You may allow relatives and friends under this age to stay
over on an occasional basis for holiday purposes, but for no
more than one week in any given calendar month.”
3. Mrs. Ayres son, Michael (“Mr. Ayres”) who is in his late 20s, has been living with
his mother in the mobile home since 24 June 2021.
4. Pursuant to s. 54(1)(a) of the 2013 Act (set out in the Appendix of Statutory
Provisions below) the Applicant has applied to the Tribunal for determination of a
question arising in respect of the Agreement, namely, that by permitting her son
to reside with her at the mobile home Mrs. Ayres is in breach of the site rules and
the terms of her mobile home agreement.
The hearing
5. Mr. Lewis, the valuer member, visited the Park to carry out an external inspection
on 16 February and the hearing took place via CVP video technology on 18
February. The Applicant was represented by John Clement, a solicitor. The
presentation of Mrs. Ayres’ case was dealt with jointly by herself and Mr. Ayres.
In addition to the documents in the hearing bundle evidence was heard from Mr.
Maguire, Mrs. Ayres and Mr. Ayres. The Tribunal is grateful for the careful and
thorough way both parties’ cases were presented.
Consent
6. There is no dispute concerning the fundamental facts save in one respect, which
is whether Mr. Maguire consented to Mrs. Ayres’ son living with her during a
conversation they had on 11 June. There was an initial discussion on the telephone
and then a face-to-face conversation later that day. Mr. Maguire’s account is that
he was asked whether a carer under the age of 50 could move in with Mrs. Ayres,
to which Mr. Maguire replied that he did not know if there were any special
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