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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11739
Experience:  30 years as a practising solicitor.
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I am permanently resident in a Mobile Home on a licenced protected

Resolved Question:

I am permanently resident in a Mobile Home on a licenced protected park in Angus. The ground rent arrangement I pay has been paid monthly since I moved in 4years ago in accordance with the written agreement relating to the amount an payment due.
I have just received a letter demanding that I must pay 12 months in advance annually from March giving 90 days notice. I am not prepared to accept this change. No consultation was carried out with residents as required under the Mobile Homes Act Scotland written terms regulations. Do I have to accept this or can I challenge it in the courts.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Is there any contractual condition that would allow this. If not, then I don't consider they can.
The legislation provides:
"Owner’s obligations 25. The owner must—
(a) if requested by the occupier, provide, free of charge, documentary evidence in support and explanation of—
(i) any new pitch fee;
(ii) any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement; and
(iii) any other charges, costs or expenses payable by the occupier to the owner under the agreement;
(b) if requested by the occupier, provide, free of charge, a copy of the current public liability insurance certificate in respect of the protected site;"
The pitch fee can only be changed if there a statutory or contractual case for doing so. There is none as far as your narrative describes, therefore you can resist this and stick to the current arrangement. It would be for the owner to go to court to try to get this changed, not you.
I hope this helps. Please leave a positive response so that I am credited for my time.
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