In recent years, there has been a noticeable increase in disputes concerning utility costs where park homeowners receive their electricity and non-bottled gas via the site owner, rather than directly from a utility supplier.
Historically, site owners would read meters and issue bills to homeowners. However, some are now seeking to avoid this responsibility by passing on the cost of third-party “suppliers” they engage to carry out this function.
This often begins with homeowners being informed that they must have new “smart meters” installed, and that they will be charged associated fees for meter readings and billing.
Unlike traditional homeowners, park homeowners are often told they have no choice in the matter and are expected to pay these charges—despite such costs not previously being charged in addition to the pitch fee.
In some cases, the written terms of a homeowner’s agreement may expressly allow for this. However, if the agreement only includes the government-prescribed implied terms, site owners may find it more difficult to justify these additional charges.
In response, some site owners are now claiming that these changes constitute a site “improvement”, and are seeking to increase the pitch fee as a result—placing the financial burden on homeowners.
For those who disagree with this approach, there are grounds on which the site owner’s position can be challenged. Tim Selley, who last year successfully acted for clients before the Upper Tribunal in the Fury Developments case—where the charges being sought were deemed unrecoverable from homeowners—can be contacted by anyone concerned about such actions being taken by site owners. He can be contacted by telephone on 01392 260141 or via email at timselley@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
