Case No. UKUT-16-(LC)-UTLC-Case-Numbers:-LC-2022-140

1.This is an appeal from a decision of the First-tier Tribunal (“the FTT”) under section 4 of the Mobile Homes Act 1983, which provides that the FTT can “determine any question arising under this Act.” The respondent Ms Jaffe asked the FTT to decide whether the 1983 Act applies to the agreement whereby she lives in her property on the appellant’s land. The FTT decided that the Act does apply; the effect of that decision is that Ms Jaffe has some security in the face of threatened possession proceedings.2.The appellant, Tingdene Marinas Limited, is the freehold owner of the Hartford Marina where Ms Jaffe’s property is stationed. Her property is a houseboat, which in this context is not a technical term but refers to a structure comprising a caravan placed on a specially designed float, which is moored to the appellant’s pontoon on the lake at the marina. The pontoon is provided for the purpose of mooring such houseboats. Ms Jaffe’s case is that she lives in a caravan as defined in the Caravan Sites and Control of Development Act 1960, that the area on which her houseboat floats is a “protected site” as defined in that Act, and that therefore the 1983 Act applies.3.The appellant was represented by Mr Michael Rudd and the respondent by Mr Stephen Cottle, both of counsel, and I am grateful to them.4.After the hearing Mr Cottle asked for permission to make some further written submissions. I gave permission, and invited Mr Rudd to reply to those submissions which he has done. I found both sets of submissions extremely helpful.