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MAINTAINING HOUSES - PRESERVING HOMES: A REPORT ON RESPONSES TO THE CONSULTATION
CHAPTER EIGHT MOBILE HOMES
MOBILE HOMES
8.1 The consultation paper contains a number of proposals to extend the legal protection for people who buy a mobile home and let a stance from a site operator. These proposals are based on the findings of the Park Homes Working Party and the proposals in the current Housing Bill for England and Wales. The proposals cover a number of issues relating to tenancy conditions, security of occupation and the selling of mobile homes.
Consultation Questions:
- Do you agree with these proposals and, if not, why not?(Paragraphs 171-178)
- Will these proposals, taken with the existing legislation, adequately protect mobile home occupiers?(Paragraphs 171-178)
8.2 The overwhelming proportion of respondents who commented on these proposals agreed with them. Over 90% of those who responded said they agreed with the proposals contained in the consultation paper relating to mobile homes and over 80% of respondents agreed that the proposals, taken together with the existing legislation, would adequately protect mobile homes occupiers.
8.3 The British Holiday and Home Parks Association (BH&HP), the representative trade body of the parks industry, stated in its submission that it fully supports "measures to support the protection for park home owners from unscrupulous park owners and to improve clarity and transparency in the contractual relationship between home owners and park owners".
8.4 The BH&HP also expressed concerns that the proposals in the consultation paper had been largely based on the recommendations of the Park Homes Working Party in England and Wales, which it argued does not accurately reflect the situation in Scotland which has a relatively smaller number of large scale park homes. The Association also made a number of recommendations about the detailed proposals contained in the consultation paper about the rights of mobile home owners.
8.5 The National Park Homes Council (NPHC), the specialist division of the National Caravan Council, stated in its submission that it supports the objectives set out in the consultation paper "without exception". The NPHC also suggested that further consideration should be given to:
- Providing greater protection to people buying a second hand home by assignment e.g. by the introduction of a sellers pack
- A provision that local authorities be under a duty to attach, monitor and enforce conditions to site licences
- That site licences should be subject to a "fit and proper person" test
- That home owners should be required to provide an undertaking that they will not be a nuisance to or cause an annoyance, inconvenience or disturbance to the park owner or any one else who uses the Park
8.6 COSLA agreed with the proposals contained in the consultation paper, however, they also suggested that there would be merit in extending the requirement to residential caravans. COSLA also proposed that further consideration should be given to addressing the rights of existing tenants where no lease is currently in operation, so that where sites are examined by trading standards or other appropriate agencies a check is made to ensure that the operator of the site has a lease agreement for each mobile home on the site.
8.7 The Society of Local Authority Lawyers and Administrators in Scotland (SOLAR) suggested in its submission that the proposals in the consultation paper would "greatly assist in protecting occupiers". However, it suggested that there should be a specific prohibition against site owners attaching unreasonable conditions to their consent to assignments or otherwise unfairly "thwarting sales".
8.8 Shelter Scotland expressed some concerns that the proposals contained in the consultation paper were based on those contained in the Park Homes Working Party in England and Wales. They suggest that this will not necessarily recognise the differences in Scotland including the climate, age profile of residents and the difference in quality of units.
8.9 Shelter Scotland also stated that a major concern about the proposals related to their limitations. This relates to the fact that the proposals are limited to those who own a mobile home and let a permanent stance. Shelter suggested strongly that the provisions should also apply to those who rent a mobile home, which they suggest is a significant issue in Scotland, particularly within the 'historical crofting communities'. This view was supported in the submission from Ayr Housing Aid Centre which stated that the "major gap is people who rent both the pitch and mobile home". It suggested that the terms of Section 1(1)(a) of the Mobile Homes Act 1983 should be amended to include people who rent a mobile home or a site and that this amendment should include an entitlement to occupy a mobile home on a protected site.
KEY FINDINGS
8.10 The overwhelming proportion of respondents who commented on the proposals relating to mobile homes agreed with them.
8.11 Over 90% of those who responded said they agreed with the proposals contained in the consultation paper relating to mobile homes and over 80% of respondents agreed that the proposals, taken together with the existing legislation, would adequately protect mobile homes occupiers.
8.12 A number of respondents with a particular interest in the issue made specific suggestions about extending the proposals relating to mobile home owners and possibly extending the provision to those who rent rather than own mobile homes.
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