Tribunal Tribulations
Park home residents who experience issues where they reside, can take the dispute to a First-tier Property. Tribunal. On occasion, this course of action may be recommended by an IPHAS advisor, but we understand that very often when this solution is suggested, the case will go no further. Trepidation, a fear of courts and the legal process being the main reasons for the shutters to be swiftly pulled down. However, things are changing, with more park home residents taking the plunge and applying to the courts for jurisdiction in respect of their grievances.
Here are a few tips on how to succeed with a tribunal application and the issues that can be considered by the court. It is always prudent to ensure that you have exhausted all other viable options before going down this route, as it is time-consuming and there are costs involved.
Subjects that can be considered:
Pitch fee reviews. Utility issues, such as overcharging. Repairs and maintenance. The recognition of a QRA [Qualifying Residents Association]. Site Rules.
The above list is not exhaustive.
The Application Process
IPHAS advisors can help you with the application form which then needs to be directed to the nearest tribunal office to where you live.
Is there a fee payable?
There is a fee of £100 payable for an application to the Tribunal, and, if required, an additional hearing fee of £200 due if the case moves to a hearing. Of course, these fees are only payable if you take the owner to a tribunal. The owner will be liable if they submit the application.
A request can be made for the refund of a fee, but this is not guaranteed and only generally occurs if the judge, for example, believes an application to have been unreasonable or if there have been behavioral concerns regarding any of the parties involved.
Many Insurers have a legal help element in the policy, this may assist you.
Timescales can also be an issue, so if you were hoping for swift justice, then you are likely to be disappointed. It’s not unusual for the whole process to take a year from the time of applying for a final decision to be forthcoming.
See our full article on www.iphas.live.
29th June 2024