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Introduction
Introduction
This appeal raises the following two questions concerning pitch fee reviews under the Mobile Homes Act 1983:
Where the occupier of a pitch does not respond to a pitch fee review notice given by a park owner, and does not participate in the tribunal proceedings to determine the appropriate pitch fee increase, is the tribunal obliged to award an increase equivalent to the increase in the relevant inflation index since the last review?
Where pitch fee review applications in respect of a number of pitches on the same park are heard together by a tribunal, is it entitled to have regard to evidence and submissions presented by occupiers who have participated in the proceedings when it determines applications in respect of pitches whose occupiers have not participated in the proceedings?
The appeal arises out of a decision of the First-tier Tribunal, Property Chamber (the FTT) handed down (in its final form) on 9 July 2024 in which it determined pitch fees payable in respect of 40 pitches on a protected site at Arkley Park in Barnet with effect from 1 July 2023. The FTT determined that increases of 7.5% were appropriate for six of the pitches and 8.5% for the remainder. That increase was less than the increase in the retail prices index since the last review, which had been 11.4%.
The owner of the Park, Arkley Estates Ltd, was granted permission to appeal by the FTT and the appeal has been determined on the basis of written submissions. The appellant relies on submissions prepared by Mr Michael Mullin, who appeared on its behalf at the hearing before the FTT. Only one of the residents, Mr Sean Gallagher who occupies pitch 80, responded to the appeal. Mr Gallagher made short submissions explaining the basis of his continued objections to the proposed pitch fee increase.