Many of you will know that I have been campaigning on park home issues for many years. Working with Sonia McColl, a constituent and founder of the Park Home Owners Justice Campaign, I have been trying to raise awareness and press the Government to take action over the issue of unscrupulous park owners.
The campaign to end injustices for park home owners and close loopholes in the 1983 Mobile Homes Act has been long running. These loopholes allow some park owners to interfere with the selling of homes and abuse their position by using interviews to put off and intimidate prospective buyers. This can lead to the property not being sold, and as a result being bought by the park owner at a fraction of its true value.
Previous governments have not been quick to take action, but finally, we are seeing movement on this issue. Consumer Focus has been undertaking in-depth research into the abuses taking place on parks across England and Wales. The Communities and Local Government Select Committee have been undertaking an official inquiry, hearing evidence from stakeholders and Grant Shapps, the Housing Minister. And the Department for Communities and Local Government has finally published “A better deal for mobile home owners”- a long awaited consultation document on Park Homes.
I welcome this consultation. There is clear evidence of listening and recognising the depth and breadth of the problems existing in the industry, and a determination to stamp out the bad and in some cases criminal practices that go on.
The consultation covers my number one priority, which is to stop sale blocking. Currently, site operators can make contact with prospective purchasers and deter them. Eventually, the home owners are forced to sell the park home back to the site operator for a reduced rate, and the site owner can then sell it on for a large profit.
The consultation document offers three options to prevent this:
A) the requirement to obtain the site operator’s approval of a purchaser would be abolished
B) the purchaser would be deemed to be approved unless, on application of the site operator, a residential property tribunal declares him unsuitable
C) the approval requirement would remain in place, but where there is evidence of abuse, the home owner could apply to a residential property tribunal for the tribunal to exercise that role instead of the site operator
I believe that the first two options would significantly improve the current situation. During his recent evidence session in front of the DCLG Select Committee, the Minister Grant Shapps explained that without sale blocking, it would be very hard for site owners to exploit parks for financial gain and there would therefore be little point in them conducting intimidation or harassment against home owners.
Other important areas in the consultation focus on giving local authorities a bigger role and increasing penalties against site owners who commit offences. As the Minister explained during his select committee evidence session, these proposals are designed to price the rogue out of the market. Proposed changes include:
- ensuring compliance with site licence conditions by enabling the courts to impose unlimited fines on operators who do not manage their sites properly
- allowing local authorities to make a reasonable charge on site operators for their licensing services, which they are currently unable to do
- giving local authorities the power to carry out works on sites in an emergency or where the site operator has been found guilty of a breach of the licence, and charge the cost back to them
- changing legislation to improve other residents’ rights to reflect their status as home owners by, for example, allowing them to carry out home improvements without seeking permission.
I am pleased to see that one of my suggestions, for a requirement on site owners to lodge their site rules with the local authority, is included.
As expected, the fit and proper person rule is not included. At the evidence session, Mr Shapps explained that the Department felt that it was a non-starter as the site owner could just give the ownership to another family member or to a company they are involved in. I do hope that the Department can be persuaded to include this as an add-on, as it does seem ludicrous that a person found guilty of intimidation and harassment can continue as a site owner. But, personally I would not want to lose the chance of helping vulnerable park home owners by sticking out for something that the Government at the end of the day will not support in future legislation.
All in all, this does look to be a robust package of measures which DCLG thinks will work. Grant Shapps has stated that the Government is compelled to act as some of the abuses taking place are so serious. During the inquiry, he informed the select committee that the Department hoped to have things in place ahead of the Private Member’s Bill ballot, in the hope that these changes could be advanced through Parliament in a Private Member’s Bill. He did add that he hasn’t ruled out advancing these proposals in Government time. We now need to keep the momentum going, by responding to the consultation as strongly as possible, and by keeping pressure up on the Government so that these sensible proposals are carried forward into legislation.
* Annette Brook is the Liberal Democrat MP for Dorset and North Poole.
3 Comments
This is very good news indeed for the tens of thousands of park home owners who have had totally inadequate protection until now. For many people of limited means, park homes offer the only viable retirement accomodation which gives them independence, but too many have had their lives blighted by unscrupulous site owners. In some cases, intimidation and fraud have been uncovered, so while I agree that we shouldnt let it hold up other reforms, we should still fight for a “fit and proper person” test for site owners.
Here at Consumer Focus Wales and Consumer Focus Investigations, we are really pleased to read your latest blog which mentions the work we are doing on park homes, as well as the work being undertaken in England by the Select Committee and the Westminster Government.
As many residents will know, decisions about park homes are devolved, and it is up to each country in the UK to make its own changes to the law. In Wales, there is work happening to develop Welsh-specific legislation in this area, with a draft Park Homes Bill going to consultation in May 2012. This Bill hopes to stamp out illegal sale blocking and reform the site licensing regime to better protect both residents and site owners in Wales. We are hoping that the Bill will also introduce a “fit-and-proper-person” test for site owners, which, if successful, might help to persuade the government in England that it is a good idea. In Scotland, the Scottish Government have already consulted on amending the 1983 Act, and they plan to consult soon on reforming the site licensing regime.
Consumer Focus Wales and Consumer Focus Investigations would strongly encourage residents in England to respond to the DCLG consultation, residents in Scotland to respond to the Scottish Government consultation later this year, and residents in Wales to respond to the Park Homes Bill consultation when it is published later this month. If anyone would like help or advice on how to do this, please contact us.
As Annette mentions, Consumer Focus is currently working on a national research project which is engaging with residents, local authorities and the park homes industry across Great Britain. Across all three nations, we have gathered evidence from hundreds of park home residents and we hope that our work, which will be published in October 2012, will provide a robust, informative and detailed evidence base to help inform the work of all three governments.
For more information about the work of Consumer Focus, or about the Park Homes Bill in Wales, please contact us by emailing [email protected].
Lowri Jackson
Policy Manager, Consumer Focus Wales
Consumer Focus is the independent statutory organisation campaigning for a fair deal for consumers. We are the voice of the consumer and work to secure a fair deal on their behalf.
More information on our park homes work:
In Wales: http://www.consumerfocus.org.uk/wales/policy-research/housing
In England and Scotland: http://www.consumerfocus.org.uk/about-us/investigations/current-work
The changes to the law on park homes cannot come quick enough for many residents on this park myself included as we have had ten years of this bullying and intimidation as we are all seniors here we should not have to live out the rest of our lives under these sort of conditions. Have approached local council Mp and now the police and still cant see an end to this situation .