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Stroud v Weir Associates Ltd

Language: English Series: Estates Gazette ; 281(6325) 14 March 1987, 1198-1202(4)Publication details: 1987Subject(s): Summary: CA 19 January 1987. Appeal by defendant owners of mobile home site from cc decision in favour of plaintiff owner of a mobile home concerning the pitch fee . An agreement stated that in determining the annual pitch fee the following should be taken into account : 1) the Retail Price Index , 2) sums expended by the site owner for the benefit of occupiers and 3) any other relevant factors including the effect of legislation. In 1983 the homeowner objected to a proposed increase in the pitch fee from £564pa to £705.12pa and applied to the cc who determined that the rent should only be increased to take account of the increase in the Retail Price Index of 3.7% and arrived at a fee of 584.88pa. Site owner appealed, contending that the task of the court was to decide whether the fee fixed was correct, and not to set an actual figure. CA rejected this submission. CA held that the cc judge had approached the matter correctly and upheld his decision. Appeal dismissed.

CA 19 January 1987. Appeal by defendant owners of mobile home site from cc decision in favour of plaintiff owner of a mobile home concerning the pitch fee . An agreement stated that in determining the annual pitch fee the following should be taken into account : 1) the Retail Price Index , 2) sums expended by the site owner for the benefit of occupiers and 3) any other relevant factors including the effect of legislation. In 1983 the homeowner objected to a proposed increase in the pitch fee from £564pa to £705.12pa and applied to the cc who determined that the rent should only be increased to take account of the increase in the Retail Price Index of 3.7% and arrived at a fee of 584.88pa. Site owner appealed, contending that the task of the court was to decide whether the fee fixed was correct, and not to set an actual figure. CA rejected this submission. CA held that the cc judge had approached the matter correctly and upheld his decision. Appeal dismissed.