![[2023] UKUT 147 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png){kind=logo}
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TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL
(PROPERTY CHAMBER)
PARK HOMES – PITCH FEE REVIEW – whether the presumption of RPI increase displaced – deterioration in the condition and amenity of the site
BETWEEN
WICKLAND (HOLDINGS) LIMITED
Appellant
-and-
AMELIA ESTERHUYSE
Respondent
Re: 16 Meadowview Park,
St Osyth Road,
Little Clacton,
Essex, CO16 9NT
Judge Elizabeth Cooke
Determination on written representations
Decision Date: 30 June 2023
Mr Stephen Goodfellow for the appellant, instructed by Fisher Jones Greenwood solicitors
© CROWN COPYRIGHT 2023
The following cases are referred to in this decision:
Britanniacrest Limited v Bamborough [2016] UKUT 0144 (LC)
Vyse v Wyldecrest Limited [2017] UKUT 24 (LC)
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- Introduction
- The factual and legal background
- The FTT’s decision
- Ground 1: the FTT erred in fact in determining that the base had been cracked since 2018
- Ground 2:the FTT erred in fact or in law in determining that there had been a deterioration or decrease in the amenity of the site
- Ground 3: The tribunal erred in law and/or in the exercise of its discretion when applying the test as it failed to consider that, “unless this would be unreasonable” the presumed RPI linked increase
- Conclusions