Park Homes

Martin Horwood Excerpts

Thursday 16th December 2010 Commons Chamber

[Martin Horwood (Cheltenham) (LD)]

I will not detain the House long. As many other hon. Members did, I congratulate my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) on tabling the motion. I will happily support it on behalf of my constituents who live at a number of sites in Cheltenham—Sunnyfield lane in Up Hatherley, The Reddings and Harthurstfield park in west Cheltenham. Having named those locations, I emphasise what other hon. Members have said: it is a minority of site owners who are involved in many of these abuses. However, as other hon. Members have also pointed out, the power relationship that exists under the current system between site owner and home owner is so uneven that it almost invites some of these abuses.

Park home living can be a wonderful lifestyle, as it is for many thousands of people. Generally, it involves smaller homes with low maintenance costs that are on the lowest council tax band, on one level and on small plots in parks that engender a strong sense of community. Knocking on doors in the places I have mentioned is certainly a cheerful experience—not least because of some of the wonderfully quirky ornamentation and individual decoration that is often on show

A leading insurer tells me that the incidence of crime on parks is very low. Such homes have low insurance costs and represent a very safe lifestyle. Affordability and safety are key because, as has been pointed out, many residents are elderly and very few are well off. It is unfortunate that the industry is plagued by a small number of unscrupulous operators who, frankly, make their residents’ lives a misery. I shall not repeat the issues of fees, charges and services that many hon. Member have mentioned. Instead, I will highlight again the issue of buying and selling, particularly the approval-of-the-buyer stage, where the park owner meets privately with the prospective buyer. That represents such an obvious conflict of interest that I cannot imagine even the most angelic of site owners not being tempted at times to talk down the value of a park home in order perhaps to make a killing at some stage in the future. It is clear that in many cases the owner, out of desperation, ends up selling back to the site owner, often for a derisory sum, and the site owner then has a vacant plot to develop at a huge profit. At that point they have, in effect, stolen the homeowner’s equity, which sometimes represents the homeowner’s life savings, so it is a very serious issue.

I very much welcome the Government’s intention to transfer jurisdiction to residential property tribunals—a positive step that should address many of the broader issues of fees, charges and so on that crop up from time to time. However, I am not absolutely sure that it will solve the central problem of sales, because often by the time a residential property tribunal process has been completed—evidence has been presented, the tribunal has ruled, and a decision has been communicated—the buyer will be long gone. As one expert professional constituent of mine said:

“I cannot think of a more appropriate sector for there to be some sort of fit and proper person test, some of these owners are merciless.”

A fit and proper person test would be a strong supplement to the residential property tribunal policy that the Government are proposing. That is one of the reasons I strongly support the motion.

I should like briefly to mention the parallel issue of owners of mobile holiday homes. The hon. Member for Sittingbourne and Sheppey (Gordon Henderson) has already referred to this, but I have a slightly different concern that has been raised by several constituents of mine who are permanent residents of Cheltenham but own static caravans or mobile homes in Swanage bay in Dorset, which I suspect is near to the constituency of my hon. Friend the Member for Mid Dorset and North Poole. Once again, these owners are not wealthy and are at the mercy of site owners who stand accused of reducing the market price of mobile homes artificially and then buying them themselves with the potential for a tidy profit. Again, we have the issue of fees, with the site owner apparently seeking an increase of nearly 50% in one year, in contravention of existing licences and Office of Fair Trading guidelines.

[Margot James (Stourbridge) (Con)]

I, too, have a constituent who has a pitch in the Swanage Bay View holiday park, which may or may not be the same as the park that the hon. Gentleman is talking about, where pitch fees have been increased by 22.5% over the past 12 months. There is a huge amount of pressure on older residents to sell up, with a lot of very commercial tactics being used to abuse their position.

[Martin Horwood]

I thank the hon. Lady for that intervention. We are certainly talking about the identical issue, if not the identical park, and once again we are talking about people’s life savings being at risk, often vulnerable elderly people. This is an almost entirely unregulated sector, and unless it is included in Ministers’ plans for residential property tribunals, it will remain so. Does the Minister have plans to include mobile holiday homes in any of the moves that he is making to establish residential property tribunals? If he cannot answer me now, perhaps he will write to me with his intentions or the Government’s view on that issue.

I am proud to support this motion. Since a minority of site owners apparently cannot be trusted to be fair to often vulnerable and elderly homeowners, it is vitally important for Parliament to step in.

--- Later in debate ---

[Andrew Stunell]

The hon. Gentleman makes an important and interesting point, but if I may say so, perhaps we should focus on introducing tribunals before we start to evaluate them.

The aim is to improve site management and deter bad practices. That will benefit not only residents, but the industry as a whole. It does the sector no good at all to develop a reputation for bad behaviour. As they pursue their work, the tribunals will provide evidence in an open and transparent way—through a body of cases, involving case law and decision making—which will benchmark good behaviour and identify unacceptable behaviour, thereby playing a standard-setting role.

The motion calls on the Government to review the case for establishing a “fit and proper” licensing system. There is certainly no role in the sector for unscrupulous and criminal operators, but they are a minority. That brings us back to the balance between regulation and the burden of implementation. The Government’s general approach is to reduce top-down regulation and minimise the involvement of central Government in local decision making. However, we are committed to protecting the most vulnerable, and I know that some park home residents are among the most vulnerable members of society, as has been well pointed out in this debate. We are not convinced that the protection of park home residents from the minority of unscrupulous site owners requires a complex and costly national licensing system, which would apply across the sector and place burdens on all site owners, good and bad, with that cost ultimately being passed on to residents too. We have to strike a careful balance—one that protects the vulnerable, targets the worst and minimises the regulatory burdens on the law-abiding majority.

On the blocking of sales, I have every sympathy with residents who are unreasonably thwarted when trying to exercise their lawful right to sell their homes. I know that those concerns are shared by my right hon. Friend the Minister of State. The park home justice campaign is to be commended for bringing this important matter to the forefront. Ministers are now well alert—if we were not before—to what the issues are. However, we need to look at what the remedy is. The premise is that unscrupulous site owners might be less likely to make false representations or deter potential buyers if an interview with a prospective purchaser took place in front of a solicitor. However, it is a little hard to see exactly how that would work or who would appoint the solicitor, let alone who would pay for him or her. There is no reason to believe that an unscrupulous owner is likely to be any less dishonest because there is a witness present.

There is also a wider question about whether interviews are required at all, because there is certainly no statutory or legislative reason for them. The Mobile Homes Act 1983 permits the site owner to approve the purchaser, but that could be done in a number of ways, not necessarily through an interview process; for example, by providing relevant documents. If there is no legal requirement for an interview, it would be burdensome to introduce a formal regulatory process for conducting one. However, that is not to say that we believe it acceptable simply to let unreasonable behaviour be tolerated. We see improving access to justice through the residential property tribunal as the first step towards ending abuses in such cases. My right hon. Friend the Minister of State is only too aware of the problems, and he intends to announce in the new year a package of measures that will curb the excesses of the minority of unscrupulous owners, while not placing undue burdens on the majority who manage their sites effectively and in the best interests of the community.

[Martin Horwood]

In my remarks I talked not only about sites for permanent homes, but about holiday sites, where often there is also a lot of evidence of abuse. Will my hon. Friend’s measures and his right hon. Friend’s considerations include those sites as well?

[Andrew Stunell]

I will certainly take that request away, and we will certainly consider it. It is worth reminding the House that where mobile homes are used for full-time residential purposes, they have a number of tax and regulatory advantages, as compared with what we might call “normal” homes. That is because of their status as residential homes of a particular type. Holiday homes are in a different category, and have all sorts of other regulatory frameworks relating to them. However, I will ensure that that point is taken into consideration.

This has been an important and timely debate. It has certainly highlighted important areas of concern to Members, and it is a tribute to the new Back-Bench debating system that it has come before the House today. It has been helpful to me and my ministerial colleagues and I hope that, when the announcement is made in the spring, hon. Members will feel that their contribution to the debate today has had an influence on the way in which the Government are approaching the problem.