The RESIDENTIAL PROPERTY TRIBUNAL SERVICE (RPTS) was incorporated into the Mobile Homes Act 1983 on 30th May 2011. Mobile Home Residents and Park Owners can now apply to the RPTS to settle most disputes which have arisen since that date. Disputes prior to that date will not be eligible to apply and would require to be solved between both parties or in County Court.
Keep checking back to this page to see some of the decisions made by the RPTS.
15th July 2011 - Residential Properties Tribunal Service
Park Homes
In the matter of an Application under Paragraph 8(1)(E) of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (as amended).
(Application to the Tribunal for approval of a purchaser of a home where the Site Owner has failed to respond to a request for approval)
DECISION
The Tribunal HEREBY DETERMINES that the Respondent (Site Owner) is in breach of Paragraph 8 of Schedule 1, Part 1 of the Implied Terms in that he failed to reply to a request to approve a buyer of a Mobile Home within 28 days of receiving a request.
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The Chairman in response to a question from Council for the Respondent regarding guidance on a procedural matter replied.
“A Tribunal is not a Court and is not bound by the Civil Procedure Rules”
The Tribunal operates under its own Procedure Rules which are the Residential Property Procedure and Fees (England) Regulations 2011.
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In respect of Council’s comments that a formal determination of breach was not necessary, the Tribunal considered that the Applicant was quite entitled to have a formal and final determination of breach made by a Full Tribunal after a Hearing.
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In our opinion, a good day for home owners,
a bad day for site owners and barristers.
