Pitch fee uprating under the Mobile Homes Act 1983 - Proposal to change from Retail Price Index to Consumer Price Index.

Closed 7 Apr 2023

Opened 19 Jan 2023

Feedback updated 27 Mar 2024

We asked

We asked for views on a proposal to change the index for pitch fee uprating under the Mobile Homes Act 1983 from Retail Price Index to the Consumer Price Index, and the impacts of moving away from the current index.

You said

We recieved 171 responses to the consultation, with a particularly strong response from residents of mobile homes. There was a substantial consensus from residents and local authorities in support of the proposals. Views from the smaller number of site operators who responded were mixed. Analysis of the consultation responses is in the Consultation Report on Pitch Fee Uprating Under the Mobile Homes Act 1983. 

We did

We have taken account of the evidence gathered in the consultation and have brought forward legislation to change the presumed basis of pitch fee uprating under the Mobile Homes Act 1983 from RPI to CPI for both existing and future contracts. We also propose to make a further change to the Mobile Homes Act 1983 so that the statistical basis for uprating pitch fees can be amended by secondary rather than primary legislation in the future. 

What Happens Next

The proposed changes have been included in the Housing (Scotland) Bill, introduced to the Parliament on 26 March 2024.  The Bill and accompanying documents have been published on the Scottish Parliament Website where you can find information about its passage. 

Results updated 21 Jun 2023

The responses have been analysed and we have published a Consultation Report. 

Links:

Published responses

View submitted responses where consent has been given to publish the response.

Overview

The Scottish Government wants to make sure that the protections relating to pitch fee uprating for residents of residential mobile homes remain fair, appropriate and in line with development of statistical measures. This is of particular importance in light of recent increases in the cost of living.  We are therefore gathering views about a possible change from Retail Prices Index to Consumer Prices Index as the measure for pitch fee uprating under the Mobile Homes Act 1983 and options for implementing the change.

Read the consultation paper 

Why your views matter

Your views will inform decisions on whether:

  • it would be more appropriate for the presumption for annual uprating of pitch fees to be set at Consumer Price index (CPI) rather than Retail Price Index (RPI) or CPI with housing costs (CPIH)
  • the change should apply to agreements that are made in future only or to existing and future agreements
  • it would be appropriate for Ministers to be able to update the index in future via secondary legislation, to keep pace with developments in statistics

What happens next

Following the closing date, all responses have been analysed and considered along with other evidence to help us reach a conclusion. Responses are published at http://consult.gov.scot, where we have been given permission. An analysis report will also be made available. Subject to stakeholders’ views, and the approval of the Scottish Parliament, the proposed changes to the Mobile Homes Act 1983 will need to be made in primary legislation, so an appropriate Bill needs to be identified. Options are currently under active consideration as part of the wider legislative planning and so we will confirm the timetable to residents and stakeholders when we can. 

Interests

  • Housing and Regeneration
  • Main hub