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Wednesday, 3 October 2023

Park homes - resolving disputes

If you’re in a dispute over a park home you can get help from a Residential Property Tribunal. The dispute could be over things like pitch fees, repairs or a residence agreement. Find out what this tribunal does, and how to apply.

When to appeal to the Residential Property Tribunal

The Residential Property Tribunal is an independent legal body that offers a way of settling a dispute without the need to go to court. Decisions made by the tribunal are legally binding and must be followed.

If you live in or own a park home, or if you own a park home site, you can apply to the tribunal to settle disputes.

These could include:

  • changing or ending a residence agreement
  • changing the pitch fee
  • moving a park home
  • damage and repairs to a park home
  • transferring ownership of a park home to someone else

How to apply to the Residential Property Tribunal

Residential Property Tribunal Service helpline

Call 0845 600 3178, Monday to Thursday 9.00 am to 5.00 pm, and Friday 9.00am to 4.30pm

To make an appeal to the tribunal, you have to fill out an application form. See the link 'Application forms - Residential Property Tribunal Service'. The forms are listed under the heading ‘Park homes’.

Send the form to your nearest Rent Assessment Panel (the addresses are listed on each application form).

There is usually a time limit for applying to the tribunal. How long this is depends on the type of dispute - the application form will say how long you have.

How much it costs to apply to the Residential Property Tribunal

There is sometimes a fee for applying to the tribunal, but the amount depends on why you are applying. The application form will say if there is a fee and how much it is.

If you receive benefits

You may not have to pay fees if you or your partner are on certain benefits (for example, Income Support). Fill out the form, ‘Application to the Residential Property Tribunal for a reduction or waiver of fees’ and send it with your application.

Help and advice applying to the Residential Property Tribunal

You can get free advice about your dispute from your local Citizens Advice Bureau. A solicitor can help you, but they might charge a fee.

You can get someone to represent you at your hearing (like a solicitor or friend). If someone represents you, information about your case will be sent to them and not you. Any information the tribunal asks for will usually have to be sent by the person representing you.

You can get advice from the Residential Property Tribunal Service helpline. Telephone 0845 600 3178, Monday to Thursday 9.00 am to 5.00 pm, and Friday 9.00am to 4.30pm.

How the Residential Property Tribunal makes its decision

The tribunal goes through a number of steps in order to reach its decision.

Step one: receiving your application

The tribunal will confirm that it has received your application.

Step two: notifying the other side

The tribunal sends the person opposing your application – ‘the respondent’ – a copy and asks them to confirm they are opposing it.

Step three: asking for more information

The tribunal may ask for further information, called ‘directions’. If you don’t provide this information, your case could be delayed or dismissed

Step four: inspections

The tribunal might inspect the park home, with the occupier's permission. The site owner can only attend an internal inspection of a park home if the occupier agrees.

Step five: giving you the chance look at the evidence

The tribunal then sends copies of all the evidence to you and the other side, who have a chance to comment on it.

Step six: considering your case

The tribunal will consider your case at either a hearing or ‘paper determination’.

If both sides agree, a hearing won’t take place and the tribunal’s decision is made at a ‘paper determination’. This is where both sides send their evidence in writing, and the tribunal makes its decision based on these documents.

At a hearing, usually three tribunal members listen to the evidence and ask questions. You, or the person representing you, can also ask questions.

Step seven: the decision

The tribunal sends its decision in writing as soon as possible after the hearing or paper determination.

Appealing against the Residential Property Tribunal’s decision

If you do not agree with the tribunal’s decision, you can ask it for permission to appeal. You must do so within 21 days of its decision.

If they give their permission, download and complete form HA1.

If the Residential Property Tribunal doesn’t give you permission to appeal, you can ask the higher Lands Tribunal for permission to appeal. To do this, download and complete form HA2. Usually you must appeal within 14 days of the Residential Property Tribunal refusing their permission.

Complaining about the Residential Property Tribunal

If you have a complaint about how your case was handled, you can complain to the Residential Property Tribunal Service. Who you write to depends on which panel heard your case, so there isn’t one single address to contact.

For details on how to complain, see the link 'Download the complaints process for Residential Property Tribunal Service'.

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