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Successful Challenge Over Pitch Fee

When a person buys an existing park home from a previous owner  the law says  the buyer in addition to taking on the ownership of the home takes on the terms of the outgoing owner's "mobile homes act agreement".

This statement of the law was accepted by one of the biggest park home site owners in the country, Wyldecrest, in their evidence last year to the House of Commons Select Committee. However a case recently handled by partner Tim Selley shows how on a particular case they did not do this.

Tim was approached by a buyer who was concerned when he found out he was paying pitch fees about 60% higher than the previous owner. The buyer challenged Wyldecrest about this but was told he was bound by the agreement he had signed. He then took advice from Tim and wrote again to say this was wrong and, pointing out what Wyldecrest had said to the Select Committee. All Wyldecrest said this time was that if he would come to their offices (about a 4 hour round trip from where he lived) they would “discuss it”.

Tim then took it up. Wyldecrest did not change their position at first but then did after Tim presented for the buyer a claim about this to the Residential Property Tribunal. Almost straight away after they had the RPT papers, Wyldecrest’s Solicitors offered to settle the case and this happened without a hearing. The buyer got back almost all of the “overpayment” he had made and also his pitch fee was put back to the level that it should have been.

Tim says “Although Wyldecrest settled on the basis they did not admit liability, it in my view is obvious from the settlement terms and them so settling at the stage they did that they realised they were in the wrong here and would lose before the Tribunal”.

If you think you may have been similarly treated by a site owner Tim is happy to consider your case on a “no obligation” basis and say if you might be able to make your own claim like in this case. Please call him on 01392 258451 or e-mail him This email address is being protected from spambots. You need JavaScript enabled to view it..

Tim was appointed as specialist advisor to the Select Committee for its park homes report and acts for home owners and residents associations all over the country on all park home law issues and is also happy to consider other park home matters as well.

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