[2024] UKUT 180 (LC)

Fecha: 19-Jun-2024

The Pitch Fee Review Notice

The Pitch Fee Review Notice

14.

The pitch fee review notice, as a written notice given pursuant to the site owner’s agreement with the occupier, should comply with the provisions of paragraph 26(3) of schedule 1 to the 1983 Act, which reads as follows:

“(3)

Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents' association, the notice must contain the following information—

(a)

the name and address of the owner; and

(b)

if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner.

15.

Paragraph 26(4) explains what is to happen if the notice does not contain that information:

“(4)

Subject to sub-paragraph (5) below, where—

(a)

the occupier or a qualifying residents' association receives such a notice, but

(b)

it does not contain the information required to be contained in it by virtue of sub-paragraph (3) above,

the notice shall be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice.”