Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020

Lord Kirkhope of Harrogate Excerpts

Thursday 3rd September 2020 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I am pleased to support these regulations and I particularly congratulate the Government and the noble Lord, Lord Best, on pursuing them so strongly. All of us who have ever been elected representatives know that the issue of mobile homes has been a regular part of our post box, especially in regard to the treatment of those who choose this way of life by those who control sites.

Many people for various reasons want the option of acquiring a fixed or static home on the numerous and ever-growing number of sites around the country. Some are mobile homes that can be moved easily and are on sites where permanent residence is not permitted, but others are park homes where the licence permits permanent residence. It is the latter where the new protections afforded by this measure are most needed.

My noble friend knows that, unlike a normal house, such a home on a site does not have the same advantages. For instance, mortgages are not normally possible. Unlike other property, there can be no expectation of increased values. There are uncertain and sometimes excessive maintenance costs. Often a commission is charged by a site owner on sales. Energy bills are often under the sole control of the site owner. The site normally remains in the possession of the site owner, whose title may be tenuous. The rent or occupation agreement may be short and renewal is not always guaranteed. The occupancy itself may be subject to onerous site rules. Of course, there are inheritance issues on the death of an occupant. I have heard of many cases of dispute where the behaviour of site owners or their corporate representatives has been either threatening or discriminatory or where rules have been used as a way of spoiling the peaceful enjoyment and tenure of the site for individuals.

These regulations are a positive step, but can I press my noble friend on the following quick points? How will the definition of fit and proper person be made and how will it be regularised? Will the date for stage 1— July 2021—be rigidly adhered to by local authorities in their preparations? How will local authorities appoint a fit and proper person to control a site if the owners cannot themselves provide one? Under the regulations, the register of fit and proper persons will stand for up to five years. Will monitoring take place on a regular basis to maintain standards and will complaints about conduct be promptly investigated and registration removed in appropriate cases without undue bureaucracy and pressure on residents? Finally, in the case of companies or corporate management, how will the fit and proper designation be assessed? I am sure these regulations, although overdue, will be widely welcomed and the protection afforded should give some comfort at least to all those who choose a park home life.