Park Homes

Christopher Pincher Excerpts

Thursday 16th December 2010 Commons Chamber

[Annette Brooke]

I thank the hon. Gentleman for his intervention. It is probably time for me to be balanced. We must accept that the site owner needs a return on their capital to invest in the park and make it a good place to live. We need to get the right balance in the legislation that allows for investment, while ensuring that no extortionate demands are made of people. I think that the House has the will to make that happen.

[Christopher Pincher (Tamworth) (Con)]

May I add to the bouquets under which my hon. Friend is being buried for securing this debate? I also acknowledge the Backbench Business Committee for sponsoring the debate. We are bringing Parliament closer to the people by debating the issues that concern them. Does she agree that reasonable, respectable park owners have nothing to worry about in the extension of the rights of park home residents, because residents want to have sensible rules about their ground rent and maintenance requirements to ensure that their communities are strong and safe?

[Annette Brooke]

Good site owners want the business to be cleaned up, because the stories that we hear reflect on them and their ability to run their parks. We must take that on board.

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[Stephen Gilbert (St Austell and Newquay) (LD)]

Thank you, Madam Deputy Speaker. I apologise to my hon. Friend the Member for Eastbourne (Stephen Lloyd). Although we share a first name, there are clearly some differences in our surnames. I am sure he will get a chance to speak later in the debate.

I add my plaudits to those of other hon. Members to my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) for securing today’s crucial debate, and to the Backbench Business Committee, which chose it. The Committee is revolutionising the way in which the House works and allows us to respond to our constituents’ concerns in a timely way.

There are more than 700 park homes in my constituency. Thousands of people across the country are affected by this issue, so its importance cannot be denied or ignored any longer. It is beholden on the Government to move swiftly on some of the measures that hon. Members have outlined.

As the chair of the all-party group on housing, I am a passionate believer that every person deserves somewhere safe and secure to live, and that no one should experience extortion, intimidation or harassment in their own home, but that is the reality that faces many vulnerable people in park home sites. In my view, there is a serious gap in the legislation and a worrying lack of regulation, and perhaps most importantly, as has been mentioned, there is no fit and proper person test for site owners, who in effect act as landlords to communities of vulnerable people.

Of course, the majority of park home sites are well run by well meaning people. However, the House cannot refuse to take action just because the majority do well. One reason we are here is to look after, and intervene for, minorities who face difficulty.

Earlier this year, in the run-up to the general election, I conducted a survey of every park home in my constituency. Many of the responses were more concerning than those that hon. Members receive from average street surveys—they were distressing to read. One issue that came up time and again is the extortionate rates at which some site owners increase their pitch fees year on year. One constituent told me of an annual increase of 20%, which is clearly out of order—it was well above the rate of inflation for that or any year. However, that person was elderly and vulnerable, and had no one to act as their advocate. They were entirely reliant on the information that the site owner provided them on their rights.

A 2002 study by Shelter, the housing charity, suggested that

“in practice above-inflation increases or one-off charges may be levied to cover particular items.”

However, the problem is much more endemic. Clearly, above-inflation increases are the norm in sites across the country, and there is no added value for residents. I hope the Minister addresses that in his comments.

Another issue arises when we go back to basics. Under Land Registry rules, there is no requirement to register pitches, so although sites might be registered, individual pitches are not. That enables site owners to move the chalets around and provides no security of tenure for the people who have notionally purchased at least an interest in the pitch.

[Christopher Pincher]

My hon. Friend uses the word “chalets” to describe park homes. Are there too many ways of describing such homes? They are variously called park homes, chalet sites, static homes and mobile homes, but they are not mobile homes or chalets. They are plumbed into the mains water system and have mains electricity and often gas. If I can put this sensitively, the people in them are very often the opposite of mobile. That should be recognised in the law and in how we describe such places. Such homes are not chalets or mobile homes; they are residential properties.

[Stephen Gilbert]

I absolutely agree with my hon. Friend—I was going to make exactly that point. In a written parliamentary answer to me, the Housing and Local Government Minister used the word “chattel”. My broader point was that people who live in these homes are trying to find a better way of life for themselves, but they purchase no interest in the land on which their homes are sited. They should have such an interest. The House needs to define what that interest is and to make it clear that the pitch comes as part of the package.

When we add to those problems utility provision and charging, and the above-inflation annual increases in the pitch fee, we can see how difficult it can be for park home owners to budget and plan their finances from year to year. Again, in my survey of my constituency, I heard horror stories similar to those told by the hon. Member for Ellesmere Port and Neston (Andrew Miller). There are increases in charges for water, sewage, electricity and all the basics. Tenants and freeholders take it for granted that they get a fair deal from their suppliers, but park home owners do not have that certainty. Even if they know that they are not getting a fair deal, the vulnerable people we are talking about simply do not understand how to exercise their rights.

Indeed, the draft Mobile Homes Act 1983 (Amendment of Schedule 1) (England) Order 2006 clearly states that if requested by an occupier, the site owner shall provide documentary evidence in support and explanation of any charges for gas, electricity, water, sewerage or other services payable by the occupier, but that never happens. My hon. Friend the Member for Mid Dorset and North Poole spoke of the difficulties that park home residents find in forming residents’ associations and making them into effective vehicles for making those points.

Many elderly and vulnerable people are caught in a very difficult position; as other hon. Members said, selling park homes can be a difficult process. Site owners can prevent sales by blocking a homeowner’s right to sell through a notice to terminate agreements on the basis that the home is having a detrimental effect on the site. However, site owners use that so that they can simply jump in with a bid at a knock-down price.

Even if a site owner does not block a sale, selling might not stack up financially for residents because of the site owner’s entitlement to take a commission of up to 10% of the sale price. Many residents who have tried to buy into a dream have ended up living something less than that, but they could be worse off if they try to exit because of the 10% rule. It is no surprise that the rule is resented by homeowners. Many of them have put up with increasing annual pitch fees, and many have added value to their homes because they are proud people who want to live in nice surroundings.

Finally, I have serious concerns about the harassment, bullying and general intimidation to which homeowners on park home sites are all too often subjected. Bullying tactics, threatening behaviour and even assault are not the norm, but they are not rare either. That is why this subject has brought so many Members to this debate, and it is why it is so important that the Government hear the House’s concerns.

--- Later in debate ---

[Mr Robert Buckland (South Swindon) (Con)]

I am grateful for the opportunity to take part in this debate, and I, too, congratulate the hon. Member for Mid Dorset and North Poole (Annette Brooke), with whom I campaign assiduously as a member of the all-party group on mobile homes. As the House has heard, the group has received a number of delegations and deputations, not just in recent months, but in the period prior to my election as a Member of this House. My interest and concern in this area dates back to my days as a parliamentary candidate, when I met and discussed issues relating to park homes with the residents of the Brook Meadow park, which is in the village of Wroughton, where I live in my constituency. A number of residents, some of whom are elderly—they will forgive me for saying that—are not frightened to write to and lobby their Member of Parliament, or to come to the precincts of this House to make impassioned speeches on behalf of not only their own interests, but those of all their friends and neighbours.

An old principle in property law is the right of quiet enjoyment. That principle is well known to English law. It applies to people who live in bricks and mortar, so why does it not apply to people who live in park homes? The reason is simply that there has been only a gradual acceptance among law makers and opinion formers that park homes are not just goods or chattels, but places where people live. That acceptance means that the rights of property—the rights that we automatically assume apply for not only people who own homes, but those who rent bricks and mortar—should now apply for people in park homes.

Interestingly, amendments to the Mobile Homes Act 1983—I am grateful to my hon. Friend the Member for Tamworth (Christopher Pincher) for his proper intervention pointing out that that term can lead to a lot of misunderstanding—were made by the Housing Act 2004. Perhaps that was an implicit acceptance by the then Government that we were no longer talking about mere chattels, but about places in which people live. Whether that was a Freudian slip or a deliberate intention, I welcome it. I suggest that our new Government should adopt that philosophy when dealing with park homes, treating them as houses and places where people live. The Government should allow those people equivalent rights to those that property owners or tenants enjoy under the protection of not only the 2004 Act, but the range of housing legislation that has evolved in this place since the latter part of the 19th century.

The issues and problems raised with me by my local residents are similar to those echoed by other hon. Members, and I do not seek to repeat them. They boil down to a few key areas. There are serious issues relating to the sale of park homes, there is a lack of resolution relating to agreements about the pitch fees to be charged every month and there are problems with utilities. I wish to deal with those in reverse order.

My hon. Friend the Member for Suffolk Coastal (Dr Coffey) rightly reminded us in an intervention that gas and electricity utilities enjoy the protection of Ofgem, and water utilities enjoy the protection of Ofwat, and that various guidelines and directives have been issued. The problem arises when electricity and water supplies are administered via the site owner; in other words, they come through a wholesale agreement via the site owner, rather than to individual pitches. Therein lies a great problem. It does not allow domestic users in each park home to benefit from domestic tariffs, for example. A wholesale business-related tariff is charged to the park that is not as advantageous to residents as it might be.

Another problem is that the lack of direct contact between the utility company and the resident can lead to all sorts of complications. One local example occurred in Brook Meadow a few years ago where there was the awful case of residents being written to by the electricity company and told that their electricity was about to be cut off because the company was in dispute with the site owner. The site owner had allowed matters to develop to the door of the court before he finally relented and paid the bill that was overdue. That is not a satisfactory position for residents to be put in. They were thoroughly innocent third parties who were literally terrified at the thought of not having electricity supplied to their homes. That is an inconsistency that needs to be resolved, and it should be resolved via a system of licensing and regulation.

The same can be said about the water supply. Site home owners experience a lot of problems with water pressure. It is far better, in my view, for the site owners to withdraw from the supply issue and let residents deal directly with water companies. That would be far more transparent and easier to administer.

I have mentioned the difficulty with pitch fees. In the case that I am dealing with, the dispute about pitch fees remains unresolved. That has an unpleasant knock-on effect because, in direct breach of the regulations, the site owner has been in the habit of, in effect, threatening prospective sellers of pitches with the fact that the pitch fee has been unpaid, saying that he wants resolution of the unpaid debt before he will permit the sale. He is putting an entirely discrete issue in the way of the sale of a home. That is wholly wrong and in breach of the current regulations, but it is happening.

I use that example to make the more general point that it is now time for local authorities, which exercise a range of powers in other licensing areas, to take on the responsibility of licensing the owners of park home sites. The phrase “fit and proper person” has quite rightly been put under the microscope. It needs very careful definition, but perhaps one can draw a comparison with taxi licences and licences for public houses and clubs. In such cases, local authorities look carefully at each application, gather information about previous convictions and other such relevant information, and make a judgment based on all the evidence.

I am not a person who likes to call automatically for more regulation, but such is the gravity of the situation that faces so many park home residents that there is sadly no alternative.

[Christopher Pincher]

My hon. Friend said at the beginning of his speech that many park home residents are not frightened to come forward, but we all know that many park home residents are frightened to come forward. I am sure that he would agree that many of these people do not have assets. In fact, the only assets they have are their park homes and possibly their cars. They do not have the wherewithal to seek justice, so the law must be extended to protect them.

[Mr Buckland]

I am grateful to my hon. Friend, who allows me seamlessly to move on to my final point, bearing in mind the need for other colleagues to have their say.

My hon. Friend the Member for Gloucester (Richard Graham) made some cogent points about the provisions of section 207 of the Housing Act 2004, which amended the schedule that applies to the procedure to be adopted on the sale of park homes. That schedule has been subject to several amendments and it is sometimes difficult to follow the path that allows one to work out precisely what is in force and what is not. I understand that from the moment a request is made by the occupier—the owner of the park home—the owner of the site has to respond within 28 days to

“approve the person, unless it is reasonable for him not to do so, and…serve on the occupier notice of his decision whether or not to approve the person.”

I am afraid that is far too honoured in the breach, than in the observance. When it is honoured it is being used as a mechanism to delay sale for reasons that my hon. Friend the Member for Isle of Wight (Mr Turner) has set out very carefully.