Housing: Park Homes

Debate between Lord Graham of Edmonton and Lord McKenzie of Luton

Tuesday 23rd October 2012 Grand Committee

[Lord McKenzie of Luton]

My Lords, we should be grateful to the noble Baroness, Lady Scott of Needham Market, for initiating this debate. I suspect that we will have a wide degree of consensus in our contributions—there certainly has been already. We have the benefit of the introduction of the Mobile Homes Bill—a Private Member’s Bill in the other place—which had its Second Reading just last week, of the CLG Select Committee report in June of this year, and of the Consumer Focus report that my noble friend Lord Whitty spoke to.

It should be clear from our contributions in the other place that we support the Private Member’s Bill, and I am delighted that the noble Lord, Lord Best, has been asked to take it forward in our House. I am sure that it will have strong support right across the House, as he suggested. We also support the need for comprehensive measures to address the abuses that are all too prevalent in this sector, some of which have been mentioned. These abuses continue despite some measures being taken by the previous Government to improve matters; and, sadly, more measures never made the statute book. However, like other noble Lords, we should not let this occasion pass without acknowledging the role of individual campaigners—the most prominent of which has been my noble friend Lord Graham. His faith and determination over 30 years has kept the flame alive.

[Lord Graham of Edmonton]

“An’ it don’t seem a day too much!”

[Lord McKenzie of Luton]

My Lords, the Minister in the other place accepted that the practical constraints on the size of the Private Member’s Bill mean that it cannot include every issue on which the Government consulted. Perhaps some space in our legislative programme created by the lack of a House of Lords Reform Bill could give the Government time to take up more fully the issues that they feel have been left out by this Bill.

Perhaps the Minister could say, if extra time were available, what would be included in the legislation that the Private Member’s Bill currently excludes.

The problems with the sector are well documented. Inevitably, we have concentrated this afternoon on unscrupulous site owners—the noble Baroness, Lady Scott, referred to the “growing evidence of serious criminality” and that clearly is the case—but we should acknowledge that many site owners take their responsibilities seriously, as my noble friend Lord Whitty and the noble Baroness, Lady Scott, acknowledged. The need to stop abuses is especially great because most residents of park homes are elderly and increasingly vulnerable. I have a statistic that says that 70% of them are over 70 years old. Many of them moved to park homes in retirement, into what they saw as idyllic homes in attractive locations.

As my honourable friend Natascha Engel MP pointed out in the Second Reading debate last week—a point echoed by the noble Baroness, Lady Scott—the current legislation may be the Mobile Homes Act and the Caravan Sites and Control of Development Act, but we are talking about people’s homes. They may not be made of bricks and mortar but they are essentially static.

The noble Baroness and others have highlighted the key issues: lack of maintenance of sites, deliberate miscalculation of pitch fees and utility charges, sale-blocking and intimidation. The Second Reading debate in the other place highlighted some of the disgraceful practices around sale-blocking, which is often coupled with intimidation and harassment.

Perhaps the question we should be addressing now is: will the Private Member’s Bill be the effective way of tackling these abuses? The Select Committee recommendations in particular made reference to the removal of a site owner’s existing right to approve the buyer, an interim measure to give the residential property tribunal the right to award damages and compensation when sale-blocking takes place, and modernising local authority licensing arrangements.

The capacity and funding of local authorities to conduct their licensing activities is an important matter. Clearly, the ability under the Bill to charge for that will help with resources. Perhaps it would be inappropriate on this occasion to debate the wider issue of the capacity and resources available to local authorities, but funding by way of charging for licensing activities would not necessarily deal with the support that is needed—but it is a start.

We support the discretion to grant or transfer a site licence that will help and deal with the problem created by mandatory current requirements, and the powers to serve a compliance notice on site owners and to intervene to carry out work when compliance is not forthcoming are important, as stressed by the noble Baroness, Lady Scott.

A long-standing point of contention is whether or not site owners and operators should be fit and proper persons, just as they need to be for HMO licence holders. As the Communities and Local Government Committee pointed out, although it may be difficult to apply retrospectively, and would need to consider who would take over the management if somebody was disqualified, nevertheless there should be regulations to that effect—and we support that recommendation. Like the noble Baroness, Lady Scott, I ask the Government what will determine whether and at what point regulations should be brought in so that people have to be fit and proper persons.

The Select Committee recommendation was that,

“removing a site owner’s right to approve prospective buyers provides the only effective way to eliminate sale blocking”.

For new agreements, this seems to be a pretty straightforward arrangement but for existing agreements I think it is more protracted; the provisions in the Bill are less secure. I would appreciate the Minister’s view on that.

The Private Member’s Bill would appear to put us on the road to an effective regulatory regime for park homes. We are delighted to be able to support that and look forward to its passage through your Lordships’ House. However, it is not a panacea. My noble friend noble Lord, Lord Whitty, referred to issues that could or should be dealt with by regulation, particularly the rules around re-selling of energy supplies. Perhaps the Minister could say what is intended on that front, and address the question raised by the noble Baroness, Lady Scott, on the fact that this is not retrospective. How can we inculcate the provisions that are in the Bill in a way that could operate for the future, and will protect all of those who are at serious risk under current arrangements?

This has been a short but very important debate, and one that is timely, given the legislative process that is under way. I hope that that, in particular, will be a great comfort to my noble friend Lord Graham, for everything that he has done in the past.