Natascha Engel
Main Page: Natascha Engel (Labour - North East Derbyshire)(11 years, 7 months ago)
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Natascha Engel (North East Derbyshire) (Lab)
I am absolutely delighted to follow the hon. Member for Waveney (Peter Aldous). I am very pleased that he has chosen this subject for his Bill, and I hope that it will progress through Second Reading and Committee and then become law. Like many others in this House, I have campaigned on the issue for many years, as did my predecessor, Harry Barnes—I pay tribute to him—who was MP for North East Derbyshire for 18 years. I continued the campaign when I took over seven years ago. That shows how long it has been going on and for how long this injustice has been building.
I pay tribute to the hon. Member for Mid Dorset and North Poole (Annette Brooke), without whom we would not have got this far. She has campaigned tirelessly, along with her constituent, Sonia McColl, to whom great tribute must also be paid. She has been a lifeline to many people; without her, their lives would have been even more miserable than they are today. I thank her very much. I will not steal the hon. Lady’s thunder by saying any more.
The right hon. Member for Welwyn Hatfield (Grant Shapps), who was until recently the Housing Minister, and had been since the general election, did a lot to take the Bill forward and gave great deal of support to those of us in the all-party group on mobile homes who have been campaigning to make these proposals a reality. I am very grateful for that.
I will not go into the details of the Bill, because it will, we hope, go into Committee, where it can be scrutinised in detail. Instead, I will explain a bit of the history of why we have arrived at this point. There are very good reasons why. It is no surprise given that the previous legislation on which the sector is based is called the Mobile Homes Act 1983 and the Caravan Sites and Control of Development Act 1960. That indicates a complete misunderstanding of the sector. These units may not be made of bricks and mortar, but they are people’s homes. They do not move—they are static—and they are homes like everybody else’s. To call them mobile homes or caravans is completely to misunderstand what this is about. Interestingly, a lot of people who do live in homes of bricks and mortar have joined the campaign because they can see the injustice of saying that somebody who does not have such a home should have to live under completely different rules. It is very important that we support the progress of the Bill to make sure that they enjoy the same privileges as those living in homes of bricks and mortar.
In previous generations, a long time ago, the people who owned park home sites were decent people who looked after the sites and made them idyllic places to live in. Their houses were usually adjacent to the sites. They grew up on the sites, and their children grew up on them, inherited them, and carried on looking after the people who lived there—all aged 50 or over, and almost always a lot older. A couple will downsize their home and move into one of these fabulous small units to live with like-minded people in small semi-rural communities; it is idyllic. Then the husband or wife dies and the person who is left becomes very frail and vulnerable. That is where the site owner comes into their own by looking after that person. For example, in the past, site owners charging people who live in the homes for their electricity, water and gas have bought in bulk in order to pass the savings on to them. However, that benefit has recently been abused.
In the snows of last year and the year before, people often became isolated in their units; they could not leave their site because it was not well maintained and the paths had not been cleared. In one case, because these people are very elderly and frail, somebody knocked on the site owner’s door and asked him to put some grit into the grit bins, saying that they would do the gritting themselves. The previous owner had always put grit into the bins. The site owner said “Grit bins? I didn’t realise we had them”, and took the bins away. Next day, outside his unit, he was selling bags of grit at twice the market rate. People bought that grit because they had nowhere else to go—they could not leave the site because they were too old and frail and scared of walking outside. Instead, they bought the grit at twice the price. That shows exactly what these site owners can be like.
The generation of people who used to care for and look after sites passed them on to their children, who did not want to look after them and sold them. They sold them on to what seems to be a generation of people who not only do not care but are trying to screw the very last penny that they can out of elderly and vulnerable people. Those people therefore need our protection. Because they live in such isolated communities it is difficult for people who do not live on such sites, and have not been there, to see exactly what is happening.
Mrs Laing
I agree with every word that the hon. Lady has said, and she has described exactly what happens on both park home sites in my constituency. Does she agree that the reason why the law has not worked up to now is that owners such as those she describes are deliberately getting around the law and finding a legal loophole to make the lives of park home residents a misery, simply for the sake of making money? They are using disgusting bullying tactics to do that, which is why the Bill is so important. Previous Governments have tried to close the loophole and failed, but today we must succeed.
Natascha Engel
That is absolutely right. The hon. Lady says that owners are making money, and indeed they are making considerable amounts. I know of a lady whose husband died, and she became frail and vulnerable and wanted to move into a home. She put her unit up for sale, and the owner blocked every sale. She was an elderly and vulnerable lady, but he used to go round in the middle of the night and rattle the windows. That might not seem to Members the most frightening thing, but a rattling on the windows in the middle of the night was terrifying for her. The old lady phoned the police, but they have better things to do than to go round and see somebody who has had their windows rattled in the middle of the night. That poor woman ended up absolutely terrified and wanting to do anything she could to leave her home. When a letter from the site owner popped through her letterbox, offering her £10 for a unit that was worth £100,000, she took it and left, and she died very soon afterwards.
Stephen Gilbert (St Austell and Newquay) (LD)
The hon. Lady hits the nail on the head. The economics of the industry have allowed a criminal class to enter it and exploit vulnerable people who need our protection. The Bill will deliver an end to sale blocking, extra transparency in pitch fees and protection for the people whom she mentions.
Natascha Engel
That is absolutely right. Because park home sites are in semi-rural locations, the problem has been hidden away and not many people talk about it. It is therefore really important that the Bill goes forward today.
Sir Alan Beith
When it comes to sale blocking, is not a further problem that the site owner is often in competition with the mobile home owner and therefore does not allow or encourage prominent advertising? The site owner probably has other units that he would rather sell to an incomer.
Natascha Engel
Absolutely; that is another huge problem and a huge money-spinner. The owners also buy people’s units at cut-price rates and sell them on for huge profits.
I wish briefly to touch on the role of local authorities, which are the licensing authorities. That role is dealt with in the Bill and needs further scrutiny. One big problem has been that local authorities have had neither the capacity nor the ability to enforce the licences on park home sites. Because those sites are isolated, and because they are run by a group of people who really know what they are doing—they pass licences around and change site rules—it is difficult to get hold of the problem. Local authorities have a lot on their plate already, so they cannot commit much time to the problem. The fact that local authorities will be given money to do that, through the awarding of fees, represents huge progress and will make the Bill enforceable.
Nicola Blackwood (Oxford West and Abingdon) (Con)
The hon. Lady’s comments reflect the problems that my constituents have experienced, and she is right to say that this exploitation of the vulnerable and elderly must be stopped. Her points are apposite, because the Bill needs to be practical so that our constituents can use it to hold landlords to account. The most important aspect of our scrutiny of it will be whether it is useable by the lay person as well as by local authorities and the police, so that it can protect vulnerable residents.
Natascha Engel
That is absolutely right. One big problem is that when a bad site owner moves in, residents who have been living together in an idyllic community where everybody knows each other stop talking to each other. When the lady I mentioned just now told people about the owner rattling her windows in the night, they did not help her. They stopped talking to her, because they were worried that the same would happen to them. It was a terrible thing to happen. Not only was she trapped in her home when she wanted to leave, but all her friends fell by the wayside, although for understandable reasons. It is important that the Bill advances from a human perspective as well as stopping the criminality that is happening.
I finish by making a point that I will wish to raise in Committee—I hope that the hon. Member for Waveney will look favourably my way when the Committee members are selected. It is about the definitions of repair, maintenance and improvement in site rules, which are important to every person who lives on one of the eight sites in my constituency. The owners often do not make basic repairs, but when they do they call them “improvements”. We are worried that they will then charge a fee for them, which absolutely must not be allowed. We are dealing with a criminal-minded set of people, so we must ensure that the Bill is drafted as tightly as possible so that nothing can fall between two stools.
It is important that there is a fit and proper person test in the Bill. The residential tribunal service has led to a massive improvement for people who live on park home sites, but the process takes a very long time and requires huge organisation. We need to find a more flexible system, and I believe that local authorities will be better able to carry out the process. That is a matter for the Committee stage. Today we are discussing the principle of allowing the Bill to progress to Committee, and I hope that it will. I look forward to listening to other Members, but there is no reason for anybody not to support the Bill.
Annette Brooke
I thank my hon. Friend for that intervention. I will refer specifically to the Committee later.
Sonia has carried out a massive survey, Consumer Focus has proceeded with an investigation and, latterly, the Communities and Local Government Committee has conducted an inquiry. Throughout, there has been enormous support and help from the park home owner associations. Many parliamentarians have been involved over the years, although I can only mention a few today. First, of course, I want to congratulate the right hon. Member for Welwyn Hatfield for bringing these proposals together and the noble Lord Graham for his unstinting support for park home owners over many years. More recently, there has been the truly cross-party work of the all-party group and, in particular, the meetings between Ministers and me, my hon. Friend the Member for Winchester (Steve Brine) and the hon. Member for North East Derbyshire. This is the very best type of legislation, with strong cross-party support.
To prove that malpractice is widespread, Consumer Focus carried out independent research to back up the anecdotal material that we all had. This provides some incredible background—this is an evidence-based Bill—and makes it clear that we are not dealing with a series of isolated events, but that the problem goes right across the whole industry.
I am pleased with the structure of the Bill, although of course we will have to scrutinise each clause closely in Committee. On licensing reform, local authorities must have the resources to do what I believe most of them want to do. Consumer Focus reports in its survey that local authorities want more power, so let us give them the necessary resources. They are on the spot, and it is fairly easy for park home owners to go and find someone at their local authority.
According to Consumer Focus, 25% of people surveyed reported problems of maintenance, security and safety, which is why it is important to have a site licence and site licence conditions, to enforce those conditions and to ensure that the site owner does not carry out vital work but that the local authority is empowered to do it and recover costs. I agree with the hon. Member for Winchester that this should be a last resort, however, and let us hope that the Bill sends out the message that we need a better and more consistent approach throughout the industry. I am a little concerned, however, that the clauses on licensing might not be brought in operation before April 2014. That is a long time to wait, if, as I hope, the Bill is enacted in 2013.
On clause 8, we must thank the Select Committee for its recommendation regarding the “fit and proper person” rule, which would not be in the Bill had it not been for the Committee’s important work. It is a clever device to have in our back pocket ready to introduce. We have been calling for it for many years. There are reservations—will it work?—but it is excellent that it is now in the Bill.
Clause 9 deals with site rules. It is important that park home owners know exactly what the rules are, that the rules are printed in the pitch agreements and that the agreements are transparent. We must have certainty. I have come across cases of the age clause in site rules being very conveniently changed after a purchaser has been turned away for being the wrong age. I suggested that site rules be lodged with the local authority, so I am pleased that such a provision has been included. One of my local authorities requires residents associations to lodge their constitutions with it, and does not invite associations that do not do so to consultative meetings. So there is a precedent. This would get a grip on the problem of people changing the rules as they go along. Having said that, some park home owners have expressed concern about how the licence fee will be paid, but we will talk about that in greater detail later.
Sale blocking is what first got me involved in this issue. We had the most appalling incident in my constituency where £15,000 was offered for a home that could have gone for £150,000 on the open market. The problem is widespread. Consumer Focus showed that 28% of residents thought they could not buy or sell their homes freely, and that 10% reported problems of intimidation, violence, vandalism and damage to property.
Natascha Engel
Does the hon. Lady accept that, stark as those figures are, a lot of people were, worryingly, too frightened to tell Consumer Focus the truth, which means that the figures are an underestimate, rather than an accurate picture?
Annette Brooke
The hon. Lady is absolutely right. This is the tip of the iceberg. I keep referring to the figures, however, because they are evidence—that is what is important. We relied on anecdotes for a long time, but it got to the point where we were not going to make progress without evidence.
We have a two-tier approach to sale blocking comprising existing agreements and new agreements. We have to look at that closely. Consumer Focus recommends a targeted campaign to ensure that prospective and current park home residents are fully aware of their rights and obligations. This will be really important. We say that park home owners do not want to speak out, but we are not convinced that we have reached the majority of park home owners. It is especially important that the home owner provides the purchaser with the regulations. I agree that citizens advice bureaux need to be more proactive in making much more information available to park home owners, and that we need to encourage purchasers to use a solicitor. The right hon. Member for Welwyn Hatfield made a very good contribution when he proposed to increase fines. We are now talking about fines of £50,000, which will make a difference, because in one very bad case in my constituency the fine was £1,000, which was just not enough in the overall context.
Other Members have probably, like me, received representations from park home site owners who have expressed concerns, because there are a lot of unknowns for them, with a lot of references to things being covered in regulations. I understand that uncertainty, particularly on the part of our good site home owners—like everybody else, I have good site owners in my constituency. It is important that we should have a good dialogue, because we want this to be a good industry overall. That means ensuring that we do not pass bad legislation, and there are fears that we might do that. We need to reassure those concerned that we will scrutinise the proposed regulations in Committee in the utmost detail, because we want the Bill to work for everybody.
Richard Graham (Gloucester) (Con)
It is a great pleasure to speak about this Bill, on which I congratulate the hon. Member for Waveney (Peter Aldous). I am sure that we all wish to encourage and support him in driving it towards its Committee stage and, subsequently, the statute book, and to support our constituents, many of whom have had to suffer for so long as a result of inadequate legislation.
A number of Members have spoken passionately about views that they have been expressing for a long time, but anyone watching this debate must consider the fact that it has taken so long for Parliament to do something about the whole business of park homes a bit of a mystery. A report produced by Berkeley Hanover in 2001 stated categorically that the arrangements for the sale of pitches could not be described as fair, flexible or transparent. However, the past is the past. Perhaps, as we heard from the hon. Member for Mid Dorset and North Poole (Annette Brooke), what was needed was a champion in the sector—in this instance, her constituent Sonia McColl and the park home owners justice campaign—to mobilise the downtrodden in the park homes sector, along with a Select Committee to gather evidence and a greater awareness among all of us of the issues affecting our own residents.
Those of us who entered the House in 2010 may have other points to make. I first visited Woodlands Park, one of two park home sites in my constituency, in about 2007. At that stage I had no idea of the number of issues with which residents were having to deal. I suspect that, far too long ago, our predecessors concluded that it was all just too difficult. However, the phrase “Something must be done” has resonated throughout the history of this Parliament, and it could not be truer of the park homes situation.
The champions in the House—many are here today, and I salute them all—finally found a Minister who was prepared to listen and to take up the cause. I trust that my hon. Friend the Member for Great Yarmouth (Brandon Lewis), whom I warmly welcome to his position on the Front Bench, has picked up the baton and will complete this race with the same élan with which Usain Bolt completed his during the Olympics,
For me, this has been a process of education at the hands of residents in my constituency, and I pay huge tribute to the calm and steady leadership of the Woodlands Park residents association that has been provided for many years by Mike Morgan. It was his commitment to focusing entirely on the facts of the situation that quickly converted me to the residents’ cause and persuaded me to fight for it. I suspect that all Members who are present today have had similar champions in their own constituencies.
I hope that the issue of residents associations will be dealt with in Committee. As was pointed out by my hon. Friend the Member for Waveney, they have not always been recognised by park home owners, and in many cases have been studiously ignored.
We need to ensure that they are recognised as an important part of the dialogue between residents and owners.
Under the heading “Site maintenance”, the minutes of the August meeting of the Woodlands Park residents association note:
“Residents have constantly complained of street lighting being out of action for six weeks or more”.
It is one thing for street lighting to be out of action for six weeks or more in August, or even September, but it is quite another thing in December or January. The way in which the Bill deals with site improvements, how they will be tackled and how owners’ obligations can be made clear will be of practical relevance to many of our constituents.
The Bill covers issues that have been discussed in the House, in the all-party group and in the Select Committee a number of times. It is the third change in the law since the coalition Government came to power, following the introduction in February 2011 of new rights for residents in disputes and the introduction of statutory security provisions two months later. This Bill will go further by tackling the routine blocking of residents’ sales by site owners and, in some cases, the blocking of home owners’ improvements. It also includes clarification of licensing reforms and penalties for eviction or harassment.
Anyone listening to this debate or reading the Bill might be forgiven for thinking that park homes are the last hideout of mediaeval robber barons. However, the point I make is that previous legislation of 30 years ago unintentionally incentivised the piratical approach. That is because an owner can block sales and thereby oblige someone to sell their unit at a significant discount to that owner, who can then sell on at a profit or replace the unit and make a profit in that way.
Natascha Engel
I wish to mention a point that has not been made so far in the debate. There was a good reason for giving site owners the ability to block a sale, which was to avoid people who did not fit in with the park coming to the park. The initial legislation was put in place to enable better site practice, but it has been abused and so, unfortunately, it must be removed.
Richard Graham
The hon. Lady make a good point, and it was why I said “unintentionally”. As is so often the case with legislation, it is the unintended consequences that we all have to live with years later. She is right in what she says, but I think we are all agreed that it is time to change the legislation and ensure that those unintentional consequences are removed.
Like several other hon. Members, I am here on a Friday for the first time. I am abandoning Gloucester to come to this important debate on behalf of my constituents in park homes. I am very pleased to do so, because this is a good, if not a great cause. Above all, what the Bill will do is show that democracy does work. Even though this has taken a long time, this Parliament, helped by this Government, is taking forward legislation to put right historical wrongs and to ensure that everybody living in park homes has the same regulatory framework as all the rest of us living in other homes. In short, we are seeking to ensure that Cinderella does finally come to the ball.