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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> P R Hardman & Partners v Greenwood & Anor [2017] EWCA Civ 52 (10 February 2017) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2017/52.html Cite as: [2017] WLR(D) 119, [2017] EWCA Civ 52, [2017] HLR 17, [2017] 2 P &CR DG3, [2017] 4 WLR 59 |
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ON APPEAL FROM THE UPPER TRIBUNAL (LANDS CHAMBER)
DEPUTY PRESIDENT MARTIN RODGER QC
LRX/43/2015
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE DAVIS
and
LORD JUSTICE UNDERHILL
____________________
P R HARDMAN & PARTNERS |
Appellants |
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- and - |
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GREENWOOD & ANR |
Respondents |
____________________
Ms Marilyn Fox (Litigant in Person)
Hearing date: 24th January 2017
____________________
Crown Copyright ©
Sir Terence Etherton MR:
The factual background
The MHA
"pitch fee" means the amount which the occupier is required by the agreement to pay to the owner for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water and sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts".
"18
(1) When determining the amount of the new pitch fee particular regard shall be had to—
(a) any sums expended by the owner since the last review date on improvements—
(i) which are for the benefit of the occupiers of mobile homes on the protected site;
(ii) which were the subject of consultation in accordance with paragraph 22(e) and (f) below; and
(iii) to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, the appropriate judicial body, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee;
(aa) … any deterioration in the condition, and any decrease in the amenity, of the site or any adjoining land which is occupied or controlled by the owner since the date on which this paragraph came into force (in so far as regard has not previously been had to that deterioration or decrease for the purposes of this sub-paragraph);
(ab) … any reduction in the services that the owner supplies to the site, pitch or mobile home, and any deterioration in the quality of those services, since the date on which this paragraph came into force (in so far as regard has not previously been had to that reduction or deterioration for the purposes of this sub-paragraph);
(ba) … any direct effect on the costs payable by the owner in relation to the maintenance or management of the site of an enactment which has come into force since the last review date; and
(1A) But … no regard shall be had, when determining the amount of the new pitch fee, to any costs incurred by the owner since the last review date for the purpose of compliance with the amendments made to this Act by the Mobile Homes Act 2013.
…."
"20
(A1) … Unless this would be unreasonable having regard to paragraph 18(1), there is a presumption that the pitch fee shall increase or decrease by a percentage which is no more than any percentage increase or decrease in the retail prices index calculated by reference only to—
(a) the latest index, and
(b) the index published for the month which was 12 months before that to which the latest index relates.
(A2) In sub-paragraph (A1), "the latest index"—
(a) in a case where the owner serves a notice under paragraph 17(2), means the last index published before the day on which that notice is served;
(b) in a case where the owner serves a notice under paragraph 17(6), means the last index published before the day by which the owner was required to serve a notice under paragraph 17(2)."
"21 The occupier shall—
(a) pay the pitch fee to the owner;
(b) pay to the owner all sums due under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner; …"
The agreements
"(a) To pay to the owner an annual pitch fee of [left blank] subject to review on 1 February annually …
(b) To pay and discharge all general and/or water rates which may from time to time be assessed charged or payable in respect of the mobile home or the pitch (and/or a proportionate part thereof where the same are assessed in respect of the residential part of the park) and charges in respect of electricity gas water telephone and other services
…
(m) To permit the owner, his servants and agents with or without workmen at all reasonable hours to enter upon the pitch for the purpose of:
…
(i) inspecting and maintaining the services provided at the park …"
"(a) To keep and maintain those parts of the park which are not the responsibility of the occupier hereunder or of other occupiers of other pitches on the park in a good state of repair and condition.
…
(c) At all times during the currency of the agreement to use his best endeavours to provide and maintain the facilities and services available to the pitch at the date hereof or such further services as may from time to time be provided to keep the same in proper working order …
(d) To insure and keep insured the park against third party liability, …"
"and in determining the amount of the reviewed pitch fee regard shall be had to: (i) the Index of Retail Prices (ii) sums expended by the owner for the benefit of the occupiers of mobile homes on the park (iii) any other relevant factors including the effect of legislation applicable to the operation of the park".
The decisions of the FTT and the UT
The appeal: discussion
Conclusion
Lord Justice Davis:
Lord Justice Underhill: