Draft guidance for managing Gypsy and Traveller sites - Chapter 8: site fees

Pitch fees must be proportionate to the size of the pitch and the services provided on site. While the local authority will set the level of pitch fee it is the responsibility of the site manager to ensure that residents receive value for money.

The pitch fee for residential sites can be changed only with the agreement of the resident or by the RPT if either the local authority or a resident has applied for a change. The pitch fee must be reviewed annually, on the same date each year (“the review date”), and details of the proposed new fee must be provided to residents 28 days before the change is due to commence.

If the resident refuses to agree to the proposed change to the pitch fee, the current fee will continue to be payable whilst the local authority applies for a decision from the RPT. If the RPT agrees with the new pitch fee proposed by the local authority, the resident must pay the new pitch fee from the review date. However, the resident must be given 28 days after the RPT’s decision to pay the deficit before they are considered to be in arrears.

When deciding the amount of any new pitch fee, local authorities will in particular consider any costs incurred since the last pitch fee review, which were:

• for the benefit of the residents
• subject to the required consultation
• not disagreed to by the majority of residents in writing

The local authority must also have regard to any decrease in the amenity of the site and the effect of any laws which may have come into force since the last pitch fee review.

The local authority must not consider the following costs when deciding the change in the pitch fee:

• any costs incurred in connection with expanding the site, such as design or planning fees
• any costs incurred by the owner in relation to proceedings under the 2013 Act, such as costs associated with issuing written agreements, applying to the RPT or taking legal action against residents must not be included

Unless it would be unreasonable due to consideration of the above, there is a presumption the pitch fee will increase or decrease by a percentage which is no more than the change in the Consumer Prices Index (CPI) since the last pitch fee review.

Where site management is contracted to an outside organisation, the pitch fees must still be set by the local authority, who may liaise with the management organisation as they wish.

All residents should be issued with a rent book or other suitable means of recording pitch fee payments made to the local authority.

Some Gypsy and Traveller communities are known to experience high levels of poverty. If a resident has difficulty paying their pitch fees, they should be encouraged to approach the site manager or local authority staff at the earliest opportunity, who should try to help them to resolve this or direct them to organisations who may be able to provide support, including access to benefits.

The site manager must reassure the resident that their personal financial information will be kept strictly confidential. Site managers should also be sympathetic and discrete when discussing personal issues with residents.

Housing Benefit is, of course, an acceptable form of payment for pitch fees, but it is the responsibility of the residents to arrange this. However, the site manager can highlight this to residents as a potential  option for them to explore.

The site manager may also assist the resident (if required) in applying for Universal Credit. However, the responsibility for the accuracy of the application must remain that of the applicant and does not pass to the site manager.

The site manager should, where practical, remind residents to inform the relevant authorities or departments in any changes of circumstances that may affect their benefits.