Residents of Leisure Park Homes

Jim Shannon Excerpts

Wednesday 27th February 2019 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to speak in Westminster Hall at any time, but this issue is one that I have a particular interest in, because I have a leisure and park homes facility in my constituency of Strangford, located in the village of Ballyhalbert. It has been there for many years.

I thank the hon. Member for Faversham and Mid Kent (Helen Whately) for securing this debate. I am mindful that the last time I spoke in Westminster Hall on the issue of leisure and park homes, the right hon. Member for Romsey and Southampton North (Caroline Nokes), was not a Minister, but she is now. She brought this issue forward in that debate, and she and I both spoke then. It is a pity that some years have passed by and we have not seen the conclusion that she and I wanted to see.

I will speak on a very specific point, which relates to some of the problems that we have had in my constituency. They may not be the issues that the hon. Member for Faversham and Mid Kent has referred to, but they are issues that I feel I have to air in Westminster Hall today.

They relate to my time prior to coming to Westminster, when I was in the Northern Ireland Assembly, doing the job I had before this one. During my time in the Assembly, the Caravans Bill, which was a private Member’s Bill, was brought before us and I fully supported the rights not simply of those who owned holiday caravans but of those who chose to live permanently on site, of whom there were many. Caravans were a burgeoning business at that time, but from the local council to the Assembly and then obviously to here in Westminster, I have followed the issue. I was supportive of proper rights then and I am supportive of them now. The hon. Lady has put forward a very good and solid case today.

I am very pleased to see the Minister in Westminster Hall again. She seems to be in Westminster Hall almost as often as I am; this is two days running. [Laughter.] I jest.

Back in 2015, I questioned the then Minister—now Secretary of State for Work and Pensions—about electricity prices for park home residents, outlining concerns about the lack of energy efficiency schemes for those living in park homes. I was ever mindful of the fact that the age of those living in park homes is from 55 upwards, perhaps up to 80, and I asked the then Minister to see what she could do to help those people, taking into account the fact that park homes cannot have electricity meters. That was just one of the many issues that I raised at that time. It was clear that there were indiscretions and difficulties, and I want to highlight some of those as well today.

We are considering another issue in this debate. The Mobile Homes Act 1983 gives protection, as do the Caravan Sites and Control of Development Act 1960 and part 2 of the Consumer Rights Act 2015, which protects consumers from enforceability of unfair terms in contracts—the hon. Member for Faversham and Mid Kent referred to unfair terms in contracts. In addition, there are the Consumer Protection from Unfair Trading Regulations 2008. There are all of these pieces of legislation, and yet residents are not protected and are unsure of their rights. I want to air those issues today.

For the record, it is important that I say that this matter is a devolved one in Northern Ireland, and so it is not the Minister’s responsibility to respond to all of my points. Nevertheless, I want to air these issues, because the problems that the hon. Lady mentioned are happening in England—that is why all the English Members are here today—and they are probably also happening in Scotland and Wales. In Northern Ireland, they would be under the control of the Assembly—if only we had a functioning Assembly.

I have been dealing with an issue related to the park homes in my constituency, in co-operation with the local council, and these matters are certainly not straightforward or simple. As an example of the litigation and the problems that occur as a result of it, the removal of fences was a battle from beginning to end. The owners of the park homes site are required to operate under a licence issued by the council, which is displayed on site. The licence conditions relate to amenity and safety, and are based on model licence conditions issued by the environment Department in 1992.

I had a meeting with local residents. Again, many things happen at those meetings: some local residents come with problems, and others sometimes need some encouragement to follow the rules that are laid down.

[Ben Lake (Ceredigion) (PC)]

Like the hon. Gentleman, I have many holiday parks in my constituency, and it is important to put on record that not all are as unscrupulous as some of the examples that we have heard about. However, the hon. Gentleman makes an important point: often, the constituents who come to us with problems are not fully aware of their rights, or of some of the remedies that are available to them. Does he agree that we should be looking at how to raise awareness of those remedies?

[Jim Shannon]

I thank the hon. Gentleman for his intervention. What he has said is what we are all trying to achieve, including the hon. Member for Faversham and Mid Kent and myself.

All parks are inspected annually for compliance with the model conditions during the annual site licensing visit to the park homes. The licence states:

“Fences must not be erected around or near to individual caravans unless they are of non-combustible material and they do not present a safety hazard.”

I felt at the time, and still feel, that many of these people have had these fences in place for 10 or 15 years, and there was never a bit of bother until about three years ago. People planted their wooden palisades, their trees or small bushes, and some council staff then interpreted those things as dangerous.

The council stated:

“While the Council has a duty to ensure compliance…the responsibility rests with the park owner. In this case…the owner had failed to ensure compliance and to recognise that the presence of such combustible materials can assist the rapid spread of fire, and that”

enclosing individual sites

“does not allow for access for emergency vehicles.”

That was what the whole issue was about.

[Mr Jonathan Lord (Woking) (Con)]

I urge the devolved Administrations, when examining issues with residential park homes, to look at what this Parliament did with the revised legislation and regulations. I had a steady stream of casework prior to those revisions; I have not had a single piece of casework since. In the light of the residential issues that the hon. Gentleman is talking about, I urge the devolved Administrations to look at what this Parliament has introduced.

[Jim Shannon]

I thank the hon. Gentleman for his intervention; I am just coming to my conclusion, Mr Austin, as you will be glad to hear. The conclusion is that we got to the end of the road and got the problem sorted—hallelujah for that. However, getting it around took a long time. After much deliberation, and by agreement between the park homes and the council, the residents have been permitted to retain the boundary fencing as it does not assist the spread of fire from property to property, which we always said it did not.

That one issue highlights the quagmire that living in a park home can create. We need to have specific, clarified regulation to protect park owners and residents, and to allow a better working relationship with local authorities. Those in park homes are typically retired and sometimes vulnerable people, and I do not feel that the current quagmire of guidance and legal protection offers those people protection. I truly believe that this must change.

[Several hon. Members rose—]

--- Later in debate ---

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

It is an absolute pleasure to serve under your chairmanship, Mr Austin. I congratulate my hon. Friend the Member for Faversham and Mid Kent (Helen Whately) on securing this important debate and on her tireless work on rights and protections for holiday caravan owners. Fifteen other Members have made estimable contributions, and I commend them all; they really know their stuff, and it has been a great debate.

Last year, my hon. Friend brought to my attention her concerns about some terrible issues facing holiday caravan owners on a mixed-use caravan site in her constituency. Since then, she and I have had fruitful discussions to better understand the issues. Some of those issues fall within the Department for Business, Energy and Industrial Strategy; I extend my thanks to the Minister for small business, consumers and corporate responsibility—the Under-Secretary of State, my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst)—for her interest in the matter. We have already had discussions and agreed several actions for both our Departments, and we hope to update my hon. Friend the Member for Faversham and Mid Kent on them over the coming weeks.

Several important issues have been raised today about the rights of holiday caravan owners and the challenges that they face. The Government have already introduced significant protections for holiday caravan owners. Planning permission may be granted for part of a site to be used for holiday purposes and other parts for residential purposes; I understand that my hon. Friend’s concerns relate to such mixed-use sites. Sadly, our discussion will not include the information that Sonia McColl was after, because we are talking about holiday sites.

Those who live permanently on the residential part of a mixed-use site are protected under the Mobile Homes Act 1983, but as we have heard, that protection does not extend to holiday caravan owners on the site. The local authority will also issue a site licence once planning permission has been granted, but before I talk about site licensing, let me address my hon. Friend’s queries about the rights of holiday caravan owners.

As my hon. Friend highlighted, some holiday caravan owners end up living permanently on their holiday sites, for complex reasons. Some consumers see holiday caravans as a cheaper option—my hon. Friend the Member for Chichester (Gillian Keegan) mentioned the disgraceful situation facing first-time buyers—and may buy them without seeking legal advice, which obviously should not happen. Some holiday caravan owners can end up living permanently on the holiday site because they have been mis-sold their holiday caravan by a rogue site owner who has presented it as being suitable for residential use. That can put them under huge financial pressure, so I understand the suggestion to tackle the problem by extending the protections of the 1983 Act.

The mobile homes legislation, which sets out the contractual relationship between a site owner and a resident, applies only to those on sites with planning permission for residential use. Applying it to all holiday caravan owners would mean such accommodation no longer being available in the tourism sector. As we have heard from my hon. Friends the Members for Boston and Skegness (Matt Warman) and for Wells (James Heappey), and from my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), it is important that we protect the holiday sector and the many benefits that it provides.

The Government have already introduced significant protections for holiday caravan owners under consumer legislation. What is required is to ensure that prospective purchasers of holiday caravans are aware of the rights and responsibilities available to them under consumer law. The rules, which are designed to protect individual buyers from unfair commercial practices, are set out in the Consumer Protection from Unfair Trading Regulations 2008. Breaches of those rules are a criminal offence. In 2014, they were supplemented to provide a private right of redress for consumers who have fallen victim to misleading commercial practices such as presenting a holiday caravan as a permanent residence, hiding information, or providing information in an unclear, ambiguous or untimely way.

[Jim Shannon]

Will the Minister give way?

[Mrs Wheeler]

Very briefly, dear boy.

[Jim Shannon]

Sometimes purchasers do not know that their property will depreciate massively within a year or two. They need to be told that at an early stage.

[Mrs Wheeler]

As ever, the hon. Gentleman brings luminosity to the problem.

As my hon. Friend the Member for Faversham and Mid Kent knows, enforcement of the legislation is the responsibility of the local authority trading standards service. There are already strong penalties for mis-selling by providing misleading advice or omitting material information: it is a criminal offence punishable by a fine on summary conviction, up to the statutory maximum, or up to two years’ imprisonment, as my hon. Friends the Members for Waveney (Peter Aldous) and for Wells mentioned.