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
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