Regardless of how competent and proficient a landlord is, there is a chance that a tenancy may go badly wrong at some point in their career. This applies to park homes as much as it does to traditional bricks and mortar homes – sometimes things just don’t work out. In the event of a dispute with a tenant, it is, of course, preferable to speak to them directly and attempt to work out the issue at hand. However, a mutually agreeable solution is not always possible and this is why the Residential Property Tribunal service exists.
The Property Chamber (Residential Property) is part of HM Courts & Tribunal Service, specialising in cases relating to private rented and leasehold property disputes. The tribunal has been granted the power to deal with some cases which would otherwise have gone to the courts and is generally a far better option.
What is a Residential Property Tribunal?
The Property Chamber (Residential Property) is split into five regional offices, each providing an independent service to those involved in local property disputes. When a case is referred to tribunal, the Regional Judge, normally assisted by the Deputy Regional Judge and Deputy Regional Valuers, will decide who will sit on the panel to hear that particular dispute.
While a chairman may sit alone at a tribunal, the panel will normally also include surveyors, other professionals or lay people. The chairman will be a surveyor or judge. Generally, tribunals are heard by two or three-person panels.
What disputes does the Residential Property Tribunal deal with?
All disputes referred to the tribunal must relate to residential property (as suggested by the service’s name) which is rented or leasehold. The types of case eligible for Residential Property Tribunals are rent disputes, leasehold enfranchisement cases, leasehold disputes, Housing Act 2004 cases and those relating to park homes.
The tribunal can hear a number of cases relating to park homes, the most common of which include the following:
An application by an occupier for an order requiring the site owner to give him a written statement as to the terms of the agreement to occupy as required by the Act.
An application by an occupier or a site owner to imply additional terms into an agreement.
An application by an occupier or a site owner to vary or delete express terms in an agreement and/or for an order to give effect to those terms.
An application by an occupier or a site owner relating to any question under the Mobile Homes Act 1983 or the agreement.
An application by a site owner for authorisation to terminate for breach of agreement or because the sole or principal residency test is not met.
An application by a site owner relating to detrimental effect of a home on the amenity of the site.
An application by an occupier for the tribunal’s approval of a recipient of a gift of the mobile home and assignment of the agreement.
An application by a site owner for the tribunal’s approval for the temporary relocation of the home on another pitch forming part of the site.
An application by an occupier for an order that, where the owner has required the home to be stationed on another pitch so that he can replace or carry out repairs to the base on which the home is stationed, the owner must secure that on completion of the replacement or repairs the home is returned to the original pitch.
An application by a site owner for an order that the pitch fee is reviewed and for a determination of the amount of the new pitch fee.
An application by a site owner for an order that proposed improvements be taken into account when the pitch fee is reviewed.
An application by the secretary of a residents association for an order recognising the association as a qualifying residents’ association.
An application by a site owner for a termination order on the ground that (a) the occupier has breached a term of the agreement and after having been given notice to remedy the breach has failed to do so within a reasonable time or (b) that the occupier is not occupying the home as his only or main residence or (c) that having regard to its condition the home is having a detrimental effect on the amenity of the site. In all of these cases the ground also requires that the tribunal considers whether it is reasonable for the agreement to be terminated.
The above list of circumstances is not exhaustive – guidance should be sought from the relevant office in the case of a dispute. Contact details for the regional offices can be found on the service’s website.
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