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

Lord Bhatia Excerpts

Thursday 3rd September 2020 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

My Lords, these regulations are an important milestone of the Mobile Homes Act. The Government have carried out considerable consultation in two stages. It is right that proper scrutiny is carried out on the site owner and the site manager about their integrity and ability to operate the site professionally. They give the powers to local authorities to make a proper assessment of both the owner and the site manager so that there cannot be any criminals among the owners or the site managers before issuing a licence for a site.

The regulations also provide an appeal provision for the site owner and the site manager if their application is rejected by the local authority. If the owner or the manager breaches the conditions of the lease, there is an unlimited fine that can be imposed. A repeat of the offence could enable the local authority to withdraw or remove the manager or the owner. The most important aspect of these regulations is that they will protect residents who are elderly and vulnerable. Whatever government regulations are made must protect the residents.

There appears to be no provision for the residents who are unable to pay their rents. The site owners run these sites as a business and are entitled to receive the monthly rents. If the rents are not paid, the owners are entitled to evict the tenants. This will create a problem for the local authorities, which will have to find accommodation to avoid homelessness. According to a report from Shelter and other agencies, the Government’s decision to allow landlords to evict tenants is going to make more than 100,000 people, including single mothers with children, homeless. A balance must be found between the rights of the landlord and those of the tenants in this Covid era.