Marigolds Management Limited v Karen Barnes & Ors

Marigolds Management Limited v Karen Barnes & Ors

MML was not the owner for purposes of the 1983 Act at the time of the 2023 Notices due to the existence of pitch leases held by other companies, rendering the notices invalid. The FTT erred in using the 1 November 2023 figure as the starting point for CPI increases for the Solely Second Proceedings Respondents, as there was no agreement or valid determination for that figure. The FTT was entitled to refuse the CPI increase for pitch 62 due to a reduction in pitch size, and MML's late production of a settlement agreement did not warrant reconsideration.

Parties
Appellant/respondent: Marigolds Management Limited; Respondents: Karen Barnes and others; Appellants/respondents: John Money and Miss Janet Clinch and others
Jurisdiction
England and Wales
Judgment Date
11 May 2026
Procedural Posture
Appeal From First Tier Tribunal (property Chamber) / Upper Tribunal (lands Chamber) Determination on Written Representations
Outcome
Appeal by MML in the First Proceedings dismissed; appeal by Solely Second Proceedings Respondents allowed; permission to appeal FTT's determination on pitch 62 refused.
Legal Topics
Pitch Fee Review, Mobile Homes Act 1983, Validity of Notices, Consumer Prices Index (cpi), Site Licence and Ownership, Tribunal Procedure
Land Law Housing Law Pitch Fee Review Mobile Homes Act 1983 Validity of Notices Consumer Prices Index (cpi) Site Licence and Ownership Tribunal Procedure

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Parties

Marigolds Management Limited

Appellant/respondent

Karen Barnes and others

Respondents

John Money and Miss Janet Clinch and others

Appellants/respondents

Procedural Posture

Appeal From First Tier Tribunal (property Chamber) / Upper Tribunal (lands Chamber) Determination on Written Representations

Legal Issues

  1. 1 Whether the holder of the site licence is the 'owner' for purposes of the Mobile Homes Act 1983
  2. 2 Validity of pitch fee review notices served by Marigolds Management Limited
  3. 3 Correct starting point for CPI increase in pitch fees for certain respondents

Ratio Decidendi

MML was not the owner for purposes of the 1983 Act at the time of the 2023 Notices due to the existence of pitch leases held by other companies, rendering the notices invalid. The FTT erred in using the 1 November 2023 figure as the starting point for CPI increases for the Solely Second Proceedings Respondents, as there was no agreement or valid determination for that figure. The FTT was entitled to refuse the CPI increase for pitch 62 due to a reduction in pitch size, and MML's late production of a settlement agreement did not warrant reconsideration.

Court Disposition

Appeal by MML in the First Proceedings dismissed; appeal by Solely Second Proceedings Respondents allowed; permission to appeal FTT's determination on pitch 62 refused.

Orders

  • MML's appeal in the First Proceedings is dismissed.
  • The Solely Second Proceedings Respondents' appeal in the Second Proceedings is allowed.