[2023] UKUT 147 (LC)

The appellant here refers to paragraph 18(a) and argues that the condition and amenity of the site had not deteriorated. The condition of the hardstanding had been the same since the first repair work. And the FTT made no fining of fact about damp, mould or leaks of which Ms Esterhuyse complained. Furthermore, if there was any deterioration it had not taken place since the last pitch fee review in January 2021.

There are two misconceptions here.

The first is that there is no requirement in the statute that the deterioration referred to in paragraph 18 should have taken place since the previous review. As can be seen from paragraph 5 above, sub-paragraph (1)(aa) refers to deterioration since the provision came into force (in 2014), and which has not previously been taken into account in a pitch fee review. So the appellant’s point about date is a non-starter.

However, the ground is without substance in any event because, despite its reference to deterioration in condition and amenity in its paragraphs 32 and 33 the FTT did not base its decision on a finding that there had been a deterioration in the condition or amenity of the site. It found that the presumption of an RPI increase was displaced by a factor outside paragraph 18, namely the failure to get the repairs done properly. This is clear from the reference to Vyse v Wyldecrest and the FTT’s paragraph 39 (quoted above at paragraph 16).

This ground of appeal fails.