Tingdene Marinas Limited v Janet Maureen Jaffe
Decision date: 20 January 2023
Neutral citation: [2023] UKUT 16 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned whether a Willerby static caravan mounted on a specially designed float and moored at Hartford Marina fell within the Mobile Homes Act 1983 and whether the pitch was a "protected site". The Upper Tribunal held that the caravan component met the statutory caravan definition and that the 2014 certificate of lawful use established lawful residential use, making the pitch a protected site. The appeal against the First-tier Tribunal's conclusions on both points was dismissed.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
Where a caravan component of a larger houseboat-like unit satisfies the statutory mobility/design test and the occupation agreement permits its stationing on the pitch, that caravan can be treated as a statutory caravan under the 1983 Act; and a section 191(1) certificate of lawful use stating that residential occupation is lawful can operate as the "relevant planning permission" for purposes of establishing a protected site, removing a holiday-only limitation where the certificate lawfully establishes residential use.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The tribunal indicated that a float between a caravan and the water is analogous to a concrete base for park homes and does not prevent the caravan being regarded as "on land" for statutory purposes; and that planning permissions for particular forms of unit (e.g. houseboats) can nonetheless amount to planning permission for a caravan site insofar as caravans forming part of those units are permitted.
Warning
- The FTT’s original and revised decisions contained inconsistent wording about whether the "Property" meant caravan plus float, generating some confusion which the Upper Tribunal addressed. Notes show the First-tier Tribunal's original and revised decisions used inconsistent wording about whether "Property" meant the caravan plus float, which the Upper Tribunal addressed; the provided notes are limited to a single chunk and may omit other relevant reasoning.