Residents of Leisure Park Homes

Helen Whately Excerpts

Wednesday 27th February 2019 Westminster Hall

[Helen Whately (Faversham and Mid Kent) (Con)]

I beg to move,

That this House has considered rights and protections for residents of leisure park homes.

It is a pleasure to open this debate under your chairmanship, Mr Austin. If you were to visit my constituency, drive along the A20 past Harrietsham, then turn up a winding single-track lane into the rolling hills of the North Downs area of outstanding natural beauty, after about five minutes you would find yourself at Pilgrims Retreat. It is a beautiful spot surrounded by fields and woodland, and there is hardly a building to be seen other than on the site. It is an ideal spot for a holiday, within easy reach of Leeds castle and the Kent coast, and a lovely place to retire to. That is the dream that several of my constituents gave their life savings to buy into.

The reality is a long way from the rural idyll that they were hoping for. Some have spent a six-figure sum on a park home that they believed they could spend the rest of their days in, only to find that they have bought a holiday home, which means that they do not have the same status as permanent residents and leaves them vulnerable to exploitation.

Some arrived at their new property and found that they could not get in, because there was no path or steps up to the front door. The site owner, Fred Sines, a man with a record who has been previously mentioned in the House, then demanded thousands of pounds in cash to fix the problem. I am told that he has also hiked pitch fees overnight with little warning, and that there is a culture of fear and intimidation, with people being banned from using facilities such as the club room, and threatened with having their properties demolished. All the while, they are paying council tax to the local authority, even though they are not permanent residents.

I recognise that leisure park homes or holiday homes are a significant part of Britain’s tourism industry. They are often in beautiful rural or coastal settings, and can be important drivers of the local economy when used for their true purpose: holidaying. According to a recent report by the UK Caravan and Camping Alliance, holiday homes in mobile home or caravan parks make up 8% of the UK’s tourism sector, generate £3.9 billion in visitor spend, and support 170,000 jobs.

When run in a decent and proper way, holiday parks support local economies and provide much-needed jobs in areas where work can be hard to find, but that is not always the case, and Pilgrims Retreat is not a one-off. In my constituency and elsewhere, holiday homes appear to be being mis-sold as residential homes, depriving the local area of tourist income and leaving residents, some of whom are elderly, in poor health and vulnerable to exploitation, with few rights or protections.

The situation is compounded by the failure of local authorities to enforce the terms of holiday home licences consistently by checking whether people are living there all year round—they should not be—and that they have another, main address. There are undoubtedly many wonderful holiday parks where the owners follow the rules, holidaymakers come and go in peace, and the local economy benefits, but that is not always the case.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

My hon. Friend is making a strong case as to why the subject needs to be looked at, and is highlighting the problems that her constituents have experienced. Does she recognise, however, that many operators do a good job and provide employment for local people? I have several examples in my constituency, such as Meadowhead Ltd, which provides a good service. It is important that the whole industry is not tarnished by the way that those bad examples have conducted themselves.

[Helen Whately]

My hon. Friend makes a good point. There are also well-managed park homes sites in my constituency, which is a reason to take action where the system is not working. We have to make sure that the whole industry is not tarnished by the actions of an unscrupulous minority.

For a subset of sites, there is a problem. Gaps in the law and inadequate oversight by local authorities allow unscrupulous site owners to benefit from a lack of consumer awareness. To fix that, we need to strengthen the rights and protections for holiday home owners, make sure that owners and potential owners know those rights, and make sure that the law is properly enforced.

[Mark Garnier (Wyre Forest) (Con)]

My hon. Friend is making a coherent case on both sides of the argument. Does she agree that in some cases—not many—tenants are gaming the system to the disadvantage of park owners, and that a way forward may be more formal legal requirements, through which people who sign leases receive legal advice and are properly bound by the contracts that they sign?

[Helen Whately]

I have heard the same thing. It is as if my hon. Friend had seen my speech in advance—although I know he has not—because we have clearly come to some of the same conclusions.

I reiterate that where the law does not work and enforcement does not happen, the industry overall gets a bad name. As a consequence, individuals’ dreams of an idyllic retirement in a country or coastal setting turns into a nightmare. One specific reason for that is because the owners of a holiday park home do not own the land that they live on; they are simply leasing the caravan or the mobile home on that land. People think that they are signing up to own the property in the long term, but they are actually signing a short-term lease, which can be for as short a time as 12 years. As they are leaseholders, they are covered only by consumer protection legislation, not wider housing laws.

Under the Mobile Homes Act 2013, local authorities have powers to issue notices to residential site owners when the site is not kept in a good condition. They can be fined up to £5,000 for failure to comply with those notices. The Act also gives councils emergency powers to enter sites at short notice to enforce those notices. Holiday park homes are excluded from the Act, however, so although it has helped to reduce exploitation on residential sites, that exploitation seems to have shifted to holiday home sites. Solving one problem appears to have created another.

[Martin Whitfield (East Lothian) (Lab)]

I congratulate the hon. Lady on securing this timely debate. In Scotland, there is a requirement for licences to have been issued to owners by May, whether they permanently reside on a holiday or residential site. The purpose is to give them the guarantees that are lacking in the cases she has referred to. The Scottish Confederation of Park Home Residents Associations has come together to help those people, and to give them a voice that can be heard by the council when there are complaints, and, more importantly, by the site owners when they deviate from what we would all expect.

[Helen Whately]

In general, we should look at what is happening in all parts of the United Kingdom to see what works best, and learn from it. I will refer to Wales in a moment, and no doubt the Minister will do the same.

I have already had conversations with the Minister on the issue. She is sympathetic and concerned, and is very much looking into it, which I appreciate. My first questions are whether she will consider extending the relevant parts of the 2013 Act to holiday home owners; whether she will consider introducing tougher penalties for unscrupulous holiday site owners to discourage them from acting in an exploitative way; and whether she will look at the fit and proper person test, which could be introduced in England for residential homes under the Act, and has already been introduced in Wales. Although the test is not perfect, it would be a step in the right direction, and would make it harder for a known unscrupulous landlord to get a site licence.

As well as introducing stronger rights and protections for the purchasers of holiday homes, we need to make sure that existing legislation is enforced. My understanding is that in England, the responsibility falls on local councils; the local council, for instance, should check that holiday home owners have another primary address, so that their holiday home is not their only and main address, and should also ensure that holiday home owners are not staying in their holiday home all year round.

It appears, at least in Maidstone in the case of Pilgrims Retreat, that my local borough council has not been doing those things, so the situation has been allowed to continue, not just for months but for years. It has built up, so that tens, indeed potentially hundreds, of people who believe they are residents are affected, even though the same local authority has been collecting council tax from these individuals, as if they were permanent residents.

The site licence at Pilgrims Retreat has been extended from 11 months to 12 months, which compounds the confusion of individuals seeking to buy properties there and live in them by giving them the impression that they can stay in these places all year round. I do not believe that my local council is alone in doing that.

Given the situation and the various ways in which individuals at Pilgrims Retreat have been let down, I welcome the fact that my local council is considering an amnesty for them and is trying to find ways to avoid making the residents—as they believe they are—homeless, because these properties are their only residence, and they have spent their savings on them; but in general, the situation should not and must not be allowed to continue.

If borough councils across the country are really struggling and failing to enforce the rules, it would be right to look at other options for licensing and enforcement. I ask the Minister to consider what could make enforcement work better. What changes to the rules might make enforcement easier? Should there be other organisations involved, or other levels at which enforcement and licensing occur, perhaps at county level? Or should there be an independent regulator with statutory enforcement powers?

To make things easier, perhaps there should also be a change to the rules. When a site has a 12-month licence, people might be told that they cannot stay there all year round, but it is really hard to enforce that rule. It would be easier if a site simply closed for a period of the year, for one or two months. That would not necessarily be popular with the holiday park owners, who are trying to run a business in which people might want to take a holiday at any time of the year, but there is a balance to be struck between making sure that the business model works, and making sure that these properties are holiday homes, because if they become de facto housing developments, they are totally failing to achieve their objective for the economy.

We need stronger protections for the individuals who live in these homes, and need to make sure that any new protections are properly enforced. We need to make sure that consumers know their rights. I have spoken to the British Holiday & Home Parks Association and listened to stories from all around the country, and it seems to be clear that many people are not alert to the risk of being mis-sold a holiday home. They hear that residents pay council tax; they know about 12-month leases; and often the site owners are the only source of information and advice for somebody planning a purchase, up to and including the point of sale. Many purchasers genuinely believe that they are buying a residential home.

[Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)]

My hon. Friend is making some good points. On the issue of advice, is there not a potential role for solicitors in providing advice about the transactions involved? We are not talking about inconsiderable sums of money; sometimes we are talking about a lot of money for the individuals who are buying these park homes. What role does she feel that solicitors and the legal process should have in helping people to make wise decisions and understand the risks involved?

[Helen Whately]

I thank my hon. Friend for making that point, which is similar to one that was made earlier. When individuals are spending these sums of money—£100,000 or £200,000—perhaps they should be required to get some form of legal advice; it would be right to consider that. Clearly, we do not want to make the process more onerous than the process of buying a home, but one cannot buy a bricks-and-mortar house without going through a conveyancing process. Perhaps if there was a requirement for some kind of more formal process, fewer people would fall into the trap of misunderstanding what they are buying.

There is also a role for communication. Perhaps there is an opportunity for a communications campaign targeted at this market—at potential and current holiday park home owners—so that we get the message to people who might well become victims of this situation. We need to address the mismatch between people’s perceptions and the reality of buying a holiday park home. People need to understand that they are not buying the land; they are buying a lease. They need to know the implications of that.

Looking around, I believe that there are colleagues who may wish to speak, and I am very keen to make sure that my hon. Friend the Minister has time to answer my questions, so I will conclude by saying that by strengthening legislation to give protections to holiday park home owners, by ensuring proper enforcement, and by improving consumer awareness, we can and must make sure that other people do not fall into the same trap that my constituents at Pilgrims Retreat did.

--- Later in debate ---

[Helen Whately]

I am very aware of the mis-selling legislation, but I am sure that the Minister is aware that some residents are truly fearful of going down that route, because they think that they are so vulnerable that they may lose their homes.

[Mrs Wheeler]

My hon. Friend makes a very good point. Towards the end of my brief speech, I will answer her as best I can.

Another measure that I know is of interest to hon. Members is the fit and proper person test. We have also heard of cases of harassment and intimidation of holiday caravan owners; harassment is a criminal and civil offence, so I advise anyone being harassed to immediately contact the police.

Let me expand on the caravan site licensing requirements that I mentioned earlier in relation to the fit and proper person test. Under the Caravan Sites and Control of Development Act 1960, all caravan sites in England, except those exempted, are required to have a site licence in addition to planning permission. The purpose of licensing is to ensure that sites are safe for residents and other users.

The Mobile Homes Act 2013 amended the 1960 Act to introduce a new local authority site licensing regime, which applies to all “relevant protected sites”, including sites with planning permission for residential use only, as well as mixed-use sites with planning permission for both holiday and residential use. Local authorities’ powers include the ability to issue compliance notices if a site owner breaches their site licence conditions. If an owner fails to comply with a notice, the local authority can prosecute them; if convicted, they face an unlimited fine. The 2013 Act also made provision to introduce a fit and proper person test for site owners and managers of all relevant protected sites, including mixed sites. I know that Members will be pleased to learn that we will publish a technical consultation in the summer and legislate to introduce the scheme when parliamentary time allows.

The issues that we have discussed today are very complex, but I reassure hon. Members that the Government are committed to improving the sector. We have already introduced important legislation to strengthen the rights of consumers, but we know that there is more work to be done. I will continue to work with the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Rochester and Strood, to consider what other measures can be taken on consumer protection, to raise consumers’ awareness of their rights when purchasing holiday caravans and traders’ awareness of their legal obligations.

I will arrange a further meeting with my hon. Friend the Member for Faversham and Mid Kent to update her on the actions that I have set out to undertake. Once again, I congratulate her on securing this debate on such a hugely important matter. It is a pleasure to be in Westminster Hall again.

[Helen Whately]

I thank all hon. Members who have contributed to the debate. I feel that it has been a very balanced conversation: it has made it clear that the vast majority of those who operate holiday home sites do so in an appropriate and thoughtful way and look after the users of their park homes, but that we need to crack down on the unscrupulous owners.

Oral Answers to Questions

Helen Whately Excerpts

Monday 28th January 2019 Commons Chamber

[Kit Malthouse]

As I hope the hon. Lady knows, we have set aside significant resources to help councils achieve their housing aspirations. We will be helping with infrastructure and providing other assistance to help them over the line. Critical to that, however, is ensuring that they have a local plan. I am sure that the coalition that is in control of City of York Council would welcome the hon. Lady’s participation in their creation of such a plan, rather than her antagonism towards it.

[Helen Whately (Faversham and Mid Kent) (Con)]

10. What steps his Department is taking to tackle the exploitation of park home residents.

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

The Government are committed to ensuring that park home residents are better protected. We have set out a range of measures to review the park home legislation and tackle the abuse and financial exploitation of residents. New legislation will be introduced when parliamentary time allows.

[Helen Whately]

Residents of leisure park homes in my constituency appear to have been mis-sold their properties by rogue site owners, and they are now vulnerable to exploitative charges and intimidation. Will my hon. Friend consider extending the provisions of the Mobile Homes Act 2013 to give leisure home owners more rights and protections, and will she take a broader look at the mis-selling and misuse of leisure homes?

[Mrs Wheeler]

My hon. Friend has been a thorough champion on behalf of residents of leisure park homes. The situation is iniquitous. The Mobile Homes Act applies to residents of sites with residential planning permission, but leisure home owners are protected under consumer rights legislation. My Department is working with the Department for Business, Energy and Industrial Strategy, which is responsible for consumer issues, to better communicate those protections to leisure home owners. I look forward to meeting my hon. Friend shortly to discuss the matter again.

Deaths of Homeless People

Helen Whately Excerpts

Thursday 20th December 2018 Commons Chamber

[James Brokenshire]

There are a number of causes of people becoming homeless in the first place. For example, security of tenancy is a significant cause, which is why I have consulted on longer tenancies. I will continue to work with the Department for Work and Pensions on universal credit and, where there is evidence, on the links to homelessness. Where further changes may be needed, I will have those discussions with the Secretary of State.

[Helen Whately (Faversham and Mid Kent) (Con)]

Before I was a Member of Parliament, I volunteered with a homeless outreach service called Thames Reach. I pay tribute to such services for the work do. They often work antisocial hours, with personal danger to the individuals involved, but they really make a difference. While volunteering, I learned about the complex reasons for rough sleeping and how common it is for people who are rough sleeping to have mental health problems. What steps are the Government taking to support the mental health needs of people who are sleeping rough?

[James Brokenshire]

I certainly recognise the picture that my hon. Friend paints about the challenges of mental health and how we respond to the dual diagnosis of mental health problems and addiction. That is why we are asking NHS England to provide an additional £30 million and are looking at ways in which services can be delivered. Part of the funding we are giving is to provide support workers who can sustain people in their accommodation. It is precisely those issues that our approach is intended to respond to.

Oral Answers to Questions

Helen Whately Excerpts

Monday 18th June 2018 Commons Chamber

[Rishi Sunak]

I thank the hon. Gentleman for that question. He will be pleased to know that just last week I met the Children’s Minister to discuss exactly the topic that he raised. In particular, one of the topics that we discussed was the care leavers covenant, which the Government are piloting and introducing to improve the educational and employment outcomes for children and young people leaving care.

[Helen Whately (Faversham and Mid Kent) (Con)]

17. What steps his Department is taking to make the property rental market fairer and more affordable.

[The Minister for Housing (Dominic Raab)]

The Tenant Fees Bill will ban unnecessary fees and cap deposits, making rents fairer and easier for tenants.

[Helen Whately]

It is hard to call somewhere home if you might not be living there in three months’ time, and for children, leaving home can also mean leaving school. Will my hon. Friend advise me what he is doing to increase the security of tenancies for people in rental accommodation?

[Dominic Raab]

I certainly recognise my hon. Friend’s concerns. In fact, we will shortly be consulting on the barriers to longer-term tenancies to inform our work and assess what further ways landlords can be supported to offer more secure tenancies.

Windrush

Helen Whately Excerpts

Monday 30th April 2018 Commons Chamber

[Sajid Javid]

First, I am sorry that the gentleman whom the hon. Lady refers to has those concerns and that anxiety. No one wants anyone to suffer in that way. I do not know if she has already passed the details to my Department, but if she does, I will certainly look at that.

[Helen Whately (Faversham and Mid Kent) (Con)]

As a Kent MP, I fully recognise the mixed blessing of the UK as an attractive place to live for migrants, both legal and illegal. Will my right hon. Friend assure me that the Windrush generation and all cases dealt with by the Home Office will be treated with humanity and compassion?

[Sajid Javid]

I can give my hon. Friend that assurance.

Oral Answers to Questions

Helen Whately Excerpts

Monday 12th March 2018 Commons Chamber

[Helen Whately (Faversham and Mid Kent) (Con)]

T4. Thousands of houses have been granted planning permission in my constituency, but there are often long delays before they are actually built. What steps is my right hon. Friend taking to ensure that, when planning permission is granted, homes are built, particularly affordable homes?

[Sajid Javid]

I can give my hon. Friend the assurance for which she has asked. First, we have commissioned independent work from my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) on speeding up building once planning permission has been granted. We shall hear more about that this week. Secondly, the consultation that was published earlier this week focuses on developer contributions in particular, and the need to ensure that developers stick to their word and can no longer game the system.

South-eastern Rail Franchise

Helen Whately Excerpts

Wednesday 24th January 2018 Commons Chamber

[Matthew Pennycook]

I thank my hon. Friend for that intervention. She is absolutely right that, along with reliability, capacity and overcrowding are the No. 1 concerns of passengers in my constituency. It strikes me as odd, as I am sure it does her, that many of the platforms in our constituencies have had money spent on them to lengthen them, yet they will still not be receiving 12-car trains, even under the new service that will come in with the next franchise.

Periods of improvement in reliability and punctuality under Southeastern are all too often followed by periods of deterioration, such as the one we have experienced over the first few weeks of this year. While the published data bears out the fluctuating performance standards, I am sceptical about whether it paints an accurate picture given that it is measured against the published timetable. What I suspect we have seen over recent years is the introduction of revised timetables that, yes, have improved Southeastern’s public performance measure, but have meant reduced services for passengers. While the latest data available suggests that customer satisfaction has increased, it is little wonder that Southeastern’s overall customer satisfaction rating is still lower than those for all but three train operating companies in the UK.

All that is happening despite Southeastern securing £70 million of extra investment from the Government in 2014 as part of the directly awarded franchise agreement. At the time, we were promised that that investment would lead to improved train performance, customer service and station facilities. The fact remains that we are still a world away from the service that passengers in my constituency expect for the fares they pay.

[Helen Whately (Faversham and Mid Kent) (Con)]

We would do better not to pit suburban passengers against those who travel longer distances—perhaps to and from my constituency—because we should all recognise that the franchising process is an opportunity to secure more capacity, more reliable trains and better-value services for all our constituents who rely on the railway.

[Matthew Pennycook]

I have to disagree to the extent that the thrust of my argument is that I am concerned that we will not get that from the next franchise, but the hon. Lady is right that it must be the aim.

My constituents understand that the network faces challenges, including rising passenger demand as well as complex and ageing track, junction and signal infrastructure, but they expect services to be punctual, reliable and not overcrowded, and those expectations are not unreasonable. The fact that expectations are not being met is partly due to the inherent limitations of the franchising system and the tension that has always existed between metro and long-distance trains.

Under the current system, the Department for Transport is responsible for designing and procuring new and replacement services on the network. The Department specifies, often in minute detail, service levels, timetables, rolling stock and most fares. It is a one-size-fits-all approach to rail franchising premised on franchises driven by the need to chase revenue and meet targets, rather than devolved concessions focused on reliability and investment. The latter is what I believe would have been achieved by the devolution of Southeastern services to Transport for London and, frankly, why I am still incensed by the Secretary of State’s decision to torpedo plans to that effect.

The plans were published jointly by the Department and TfL in January 2016 and endorsed by the Secretary of State’s predecessor, the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin), and the previous Mayor of London, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson). As we know from a leaked letter, the Transport Secretary rejected the plans due to a dogmatic opposition to rail devolution based on his belief that the services should be kept out of

“the clutches of a Labour mayor”.

No detailed explanation has ever been produced, as far as I am aware, as to why the business case submitted by the Mayor of London was considered inadequate. What particularly frustrates my constituents, whatever their political persuasion, is the knowledge that if a Conservative Mayor had been elected in May 2016, they would now be looking forward to our local trains being integrated into TfL’s successful Overground network next year.

I remain convinced that the devolution of metro services in London would have led to more punctual, more reliable metro-style services. They would also have facilitated—in many ways, this might have been just as transformative—the effective integration of services with others across the capital in ticketing, fares and investment, and improved customer service, particularly for passengers with a disability, because all stations would be staffed from the first train to the last. That plan represents a real missed opportunity and, while I have little hope, I urge the Minister to think again even at this late hour about making provision for the devolution of control over metro services under the new franchise.

[Helen Whately]

Will the hon. Gentleman give way?

[Matthew Pennycook]

If the hon. Lady will forgive me, I will not, because time is short and the Minister has to wind up the debate.

At the very least, the Department should guarantee that the service standards delivered by the new south-eastern franchise match those that would have been delivered by London Overground. My fear is not only that the new franchise will not match those standards, but that it could lead to a deterioration in the services on which my constituents rely.

Slipped out alongside an announcement that it will look at reopening lines across the UK that were lost under the Beeching cuts, the Department published its invitation to tender for the new franchise on 29 November 2017. With one operator, Trenitalia, having withdrawn from the process, there are now only three operators bidding: Abellio, Stagecoach and the current operator, Govia.

As expected, given the instant and, I suspect, co-ordinated opposition they generated from Conservative politicians across south-east London and Kent, proposals that all metro services on the North Kent, Greenwich and Bexleyheath lines will terminate only at Cannon Street have been dropped, but that does not mean all services on those lines will escape cuts under the Government’s franchise specification.

The requirements set out in the ITT include the introduction of a revised train service, no later than 2022, that will see Woolwich and Charlton stations in my constituency lose direct services to Charing Cross, and Blackheath station, along with other stations on the Bexleyheath line, lose direct services to Victoria. Those revisions come on top of the proposed replacement of two of the six hourly off-peak Southeastern services on the line with Thameslink services that I fear might be slower and less reliable and that will not stop at Woolwich Dockyard station in my constituency or at Erith and Belvedere stations in the constituency of my hon. Friend the Member for Erith and Thamesmead (Teresa Pearce).