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Remember - you only need pay what you believe may be due.

  • 2 days ago
  • 2 min read

As most already know, Park home residents in England have specific legal rights to

transparency regarding utilities (gas, electricity, water, sewerage) charged by site owners, protected by the Mobile Homes Act 1983 and Ofgem regulations.


Site owners are generally prohibited from making a profit on the resale of electricity and gas, and must provide evidence of costs upon request.   Under implied terms of the Mobile Homes Act 1983, a site owner must, if requested by the homeowner, provide free of charge, documentary evidence that explains how utility charges are calculated. That noted, some site owners intentionally fail to provide that transparency and which should ring alarm bells


STEPS YOU CAN AND SHOULD LAWFULLY TAKE


Formally Request Information: Send a written request (letter or email) for a detailed, itemiSed breakdown of the charges, including meter readings, unit rates, and standing charges.


Dispute in Writing: If they do not provide the breakdown, send a formal letter of dispute stating that you are withholding payment until transparent documentation is provided.


Continue Paying Contractual Amounts: Continue to pay the portions of the bill you agree with while only withholding what you believe to be the disputed amount.


First-Tier Tribunal: If the owner still refuses to provide the information, you can apply to the First-Tier Property Tribunal for a determination on the validity of the charges. OR, you can invite the site-owner to make application to a Tribunal at their own costs, when you`ll be able to present your own evidence


Check Your Agreement: Review your written agreement (Written Statement) to see exactly what is covered in your pitch fee and how utility charges should be calculated.


Do Not Ignore Invoices: Always communicate the dispute in writing to create a paper trail. 


IMPORTANT ADDENDUM:

If your site owner tells you that shortfalls in payments will incur payment surcharges, these are not payable if you have acted reasonably by paying what you believe to be due where there is inadequate transparency when such surcharges are highly unlikely to be enforceable


As a future safeguard, you should cancel you Direct Debit Mandate , noting that even if your agreement states that you must pay by Direct Debit Mandate, or you`ll incur financial penalties, payment surcharges (such as late fees or convenience fees) are generally not payable if the late or undue payment is caused by site owner`s fault, inaction, or mistake. Default fees are permitted only when the home-owner breaches the tenancy agreement, not when the landlord is responsible by failing to comply with their contractual implied obligations.


NEVER BE BULLIED INTO PAYING OVERCHARGES


 
 

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