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New Protections for 200,000 Park home Residents

COMMUNITIES AND LOCAL GOVERNMENT News Release (111) issued by COI News Distribution Service on 12 May 2009

Park and mobile home residents will get more protection from rogue site owners and get easier access to justice if they have a dispute with their site owner under new proposals published today by Housing Minister Iain Wright.

The proposals aim to make sure that the 200,000 park home residents across the country have reputable licensed site owners or managers and are able to easily challenge them on issues such as pitch fee increases, without having to go through the costly courts system.

Park home residents and others in the sector are being asked for their views in a 12 week consultation ending in August 2009 on an improved site licensing system, particularly on key areas such as criteria owners or managers should meet and licence conditions.

At the same time, details are being published on making it cheaper, quicker and easier for park home residents to challenge unfair changes such as excessive pitch fee increases by giving them access to Residential Property Tribunals. Following an earlier consultation, the aim is to transfer the jurisdiction on appeals and applications under the Mobile Homes Act 1983 from county courts to Residential Property Tribunals.

Iain Wright said:

"Park home residents, many of whom are elderly or vulnerable, deserve well managed, safe sites and protection from unscrupulous or unprofessional site managers who may exploit and intimidate them.

"Our proposals aim to do just that - we want a licensing system that raises the standards of park home sites, creating a thriving and well run park home sector, whilst at the same time eradicating dishonest and inept site owners."

Notes to Editors

1. The Park Homes sector is a small but important part of the residential market in England with approximately 2,000 park home sites in England, providing nearly 85,000 homes.

2. Licensing of Park Home Sites is currently governed by the Caravan Sites and Control of Development Act 1960, but the existing site licensing regime does not meet the full needs of this part of the housing sector. Authorities in general are obliged to grant licences to anyone owning a park home site regardless of their suitability and cannot impose any condition relating to its management. Some sites are therefore run by unscrupulous or incompetent persons, and residents' rights and expectations are often not met, some becoming victims of exploitation and intimidation.

3. The consultation builds upon decisions about proposals taken following an earlier consultation in 2005 and sets out for further consideration how the new licensing regime might look. Since the 2005 consultation, the Government has continued to discuss with stakeholders and their representatives concerns and possible solutions in relation to poor management of some park home sites and unacceptable and, in some cases, illegal practices of some license holders.

4. The proposed measures will meet the need to:

* Protect the interests, needs and aspirations of park home residents, many of whom are older and vulnerable people.

* Ensure park home residents and in some cases people living in neighbouring areas are afforded greater assurances on matters relating to health and safety, security and general wellbeing, and are treated with dignity and respect.

* Prevent criminal activity and other extreme behaviour against residents by some site owners, such as harrassment, blackmail, fraud, threats or actual harm to people and property.

* Improve and drive up management standards in the Park Homes sector generally, benefiting residents, local neighbourhoods as well as all site owners who already operate in a reputable and honest way, together with other business and linked trade interests.

* Provide LAs with clearer and more rigorous procedures and powers to organise and administer an effective licensing system. LAs will be able to charge for the issuing of a licence and associated administrative, monitoring and enforcement work.

5. The Government is planning to put in place a comprehensive package of proposals to reform the current site licensing system which will require owners and others engaged in the management of park home sites to be a fit and proper person in order to hold a site licence. Such persons will also need to demonstrate they have the relevant competences to manage sites. The proposals are intended to drive up the management standards in this sector and, in those parts of it where that is not possible, we intend to give local authorities powers to put alternative management arrangements in place. We are consulting on the measures and other licensing reforms with a view to bringing forward legislation when an appropriate opportunity arises.

6. CLG launched a consultation "A new approach for resolving disputes and to proceedings relating to Park Homes under the Mobile Homes Act 1983 (as amended)" on 30 May 2008 on a new low cost tribunal mechanism to resolve disputes on rights under agreements to occupy park homes. A document setting out a summary of the responses received to the consultation and the proposed way forward is the subject of this latest publication. This also includes a short consultation on additional measures to protect residents subject to proceedings in relation to the termination of their agreements.

7. A number of fact sheets setting out the rights of residents were recently published by CLG; these cover the following areas:
- Qualifying Residents' Association;
- Residents' Rights;
- Selling a Park Home; and
- Pitch Fees and other Payments to the Site Owner.

These are available through the CLG web site at: http://www.communities.gov.uk/housing/buyingselling/parkmobile/publicationsaboutpark/

8. More background information about Park Homes can be found on the CLG website at: http://www.communities.gov.uk/housing/rentingandletting/parkhomes

Email: press.office@communities.gsi.gov.uk

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