Heading

Case No: LC-2024-412
AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)
FTT REF: CHI/29UL/MNR/2024/0066
12 September 2024
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
AN APPEAL FROM A DECISION FOR THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)
PARK HOMES – PITCH FEE REVIEW – reasons for displacing the presumption of change in line with the RPI – deterioration in the amenity od the site - level of change in the index itself not a relevant factor
BETWEEN:
TEIGNBRIDGE DISTRICT COUNCIL
Appellant
-and-
MR FRANCIS CLARK
Respondent
Pitch number 6,
Haldon Ridge,
Kennford,
Exeter EX6 7XA
Upper Tribunal Judge Elizabeth Cooke
Decision on written representations
Mr Jonathan Ward for the appellant, instructed by Cobb Warren solicitors.
© CROWN COPYRIGHT 2024
The following cases are referred to in the decision:
Britanniacrest Limited v Bamborough [2016] UKUT 0144 (LC)
Charles Simpson Organisation Ltd v Redshaw (2010) 2514 (CH)
Vyse v Wyldecrest Parks (Management) Ltd 2017 [UKUT] 24
- Heading
- Introduction
- The factual and legal background
- The FTT’s decision
- The appeal
- Ground 1: was the decision irrational?
- Ground 2: the timing of the decrease in amenity and whether it had already been taken into account
- Ground 3: did the FTT exceed its discretion in considering the impact of the unusually high rise in the RPI?
- Conclusions
![[2024] UKUT 00279 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)