Park Home Residents: Legal Protection

Peter Bottomley Excerpts

Tuesday 1st October 2019 Westminster Hall

[Sir Christopher Chope (in the Chair)]

I am advised that it is in order to give injury time for time missed.

[Sir Peter Bottomley (Worthing West) (Con)]

I beg to move,

That this House has considered legal protection for residents of park homes.

Thank you for starting the debate, Sir Christopher. I hope I will soon be able to resume my place and that you—you were originally going to move the motion—will be able to pick up and give the speech the House is looking forward to.

May I first pay tribute to you, Sir Christopher, for leading the all-party group on park homes? This is one of those areas where, for far too long, there was too little publicity and too little Government action.

I pay tribute to the Ministry of Housing, Communities and Local Government, which looks after park homes, for the way it has picked up the initiative by Nat Slade, an officer in Arun District Council, and his colleagues, who have worked with the Ministry to get the Government to come forward with measures to deal with some of the appalling abuses. If I were a tougher Member of Parliament, I would name some of the rogues and crooks—some have left the park home business, but others continue. My belief is that, with publicity, they will be shamed into stopping the exploitation of some of the most vulnerable people in our communities.

Few people choose to live in a park home as their permanent residence if they have better options, but the fact is that many do not. Too often, people have taken on a home that is, in theory, licensed only for holiday use, but everyone, including the freeholder and owner and the operator, knows that they are there to make permanent use of it. If, by chance, the operator manages to get the licence changed to permanent, the innocent park home owners and residents are then told to pay a fortune to convert what was, in effect, a permanent residence into another permanent residence.

[Mr Philip Hollobone in the Chair]

[Sir Greg Knight]

Is not one of the problems that, unlike purchasers of freehold property or those who take on the long lease of a flat, many park home occupants have not had the benefit of legal advice before signing up?

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[Sir Peter Bottomley]

That is certainly true. Too often, the operator or owner has encouraged the park home resident to use a lawyer who works for or is recommended by the park home operator.

I shall now resume my place so that my hon. Friend the Member for Christchurch (Sir Christopher Chope) can start his debate.

[Mr Philip Hollobone (in the Chair)]

I am grateful to you, Sir Peter, for moving the motion. I shall call Sir Christopher—it is his debate—but for the avoidance of doubt I should say that I am not late; I am the replacement.

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[Sir Christopher Chope]

Absolutely. That is important. In that context, the Government have given new responsibility to the Leasehold Advisory Service to advise potential purchasers of park homes. I, and indeed the all-party parliamentary group, had a meeting with Anthony Essien, its chief executive. The trouble is that although it can give advice someone must approach it for advice before it can do so, and many people do not because they are seduced by the sort of information that I have referred to.

[Mr Clive Betts in the Chair]

[Sir Peter Bottomley]

I am sorry that a pre-existing commitment prevents me from staying for the rest of the debate.

It seems to me that the Advertising Standards Authority should get a complaint, and should quickly adjudicate, rule out of order and condemn the advertisements that my hon. Friend refers to. May I point out that Sonia McColl, the champion of park home owners, had her 40 foot, 10-tonnes mobile home stolen? My hon. Friend might join me in appealing to Devon and Cornwall police to find it and to find the people who stole it. Death threats are one thing; having your home stolen is another.

[Sir Christopher Chope]

That last point is really important because Sonia McColl did an enormous amount of good work on behalf of park home residents across the country. She was the victim of a vendetta and a serious crime and I have seen recent correspondence suggesting strong evidence against two potential perpetrators, but the prosecuting authorities are not taking the action they should be taking in that respect. As always, my hon. Friend makes a very good point.

May I refer to another site in my constituency that is now called New Forest Glen but is better known as Tall Trees, in Matchams Lane? No application has been received by Bournemouth, Christchurch and Poole Council for a caravan licence, despite more than 100 of my constituents living and having their permanent homes in Tall Trees park. I have been told by the council that officers from both planning enforcement and environmental health have met the site owners to try to regularise the situation on several occasions, but without success. They are now advising the site owners that they are considering formal action to secure the necessary permissions for both planning and site licensing. Although such promises of action are welcome, they must be considered in the context of many years of inaction during which residents of Tall Trees have been denied the rights and protection that would be available if they lived on a licensed park home site. These rights include the ability to form a recognised residents association and restrictions on the amount by which ground rents can be increased, and on service charges being imposed.

Silver Mists, New Forest Glades and New Forest Glen are owned by one organisation, RoyaleLife. In March this year, I requested through the representative of Mr Bull, the chief executive of Royale Parks, that he address the problem, especially on Tall Trees. I referred to the fact that despite being recognised by Christchurch Council as enjoying residential status for 12 months of the year, many of the residents of Tall Trees were still paying site fees of £4,750 per year as well as council tax. If they had the benefit of formal residential status through a site licence, their fees would be £1,900 rather than £4,750. By not even applying for a site licence, Royale Parks is benefiting by being able to charge much higher fees. Residents also suffer because they must pay VAT on those fees. That situation should have been brought to a head by the council taking enforcement action against Royale Parks for not having a licence, thereby forcing the company to comply with the law. In my letter to Royale, I suggested that a meeting between Royale and the residents—who have been trying to have such a meeting for many months—would be useful, and I hope that such a meeting will now take place on 11 October.

Last Thursday I received the latest word from the council’s corporate director for environment and community in response to the concerns that I have expressed on behalf of residents. It is not wholly reassuring. Although she says that she hopes the requirement for Royale Parks to regularise the situation and obtain the appropriate site licences or face formal action will provide some comfort to the residents, she could take action now to ensure that all those park homes for which residential use is recognised benefit from a residential site licence. I do not understand why the council has been so slow in acting against a site owner who is refusing to apply for a site licence. The site owner, unreasonably, is refusing to obtain a licence for the existing residential park homes, instead choosing to put pressure on residents to support his appeal in respect of other park homes on the Tall Trees development that do not currently have certificates of lawfulness or valid planning consent for residential use. Residents have been told that the site owner will address the issue only if the appeal against the refusal of certificates of lawfulness on other parts of the site are successful. In other words, residents are being held to ransom. Those appeals have been delayed inordinately, not least because the appellants want a full hearing.

I then got involved in writing to the chief executive of the Planning Inspectorate to see whether we could bring this matter forward. We now have an appeal fixed for 10 December, which is good news, but in the meantime, there can be no justification for denying Tall Trees residents, who are lawful occupiers of their caravans, the protection of a site licence.

People in Tall Trees who wish to sell their home are unable to get full price for it because of the constraints to which I referred. One constituent estimates that the value of his home has been depressed by £100,000 as a result of the site owner’s actions and the council’s refusal to take enforcement action.

So far, I have concentrated on cases where no site licence has been issued, but even where licences are issued they are often not enforced, leaving residents exposed to exploitation. One such site, in Ferndown in my constituency, is Lone Pine Park, which is owned by Premier Park Homes Ltd. Two of my constituents there have been harassed because their park home is old and regarded by the new owners as being out of keeping with the new image of Lone Pine Park, which is described in a brochure as offering

“bespoke homes…nestled within Millionaires’ Row in Ferndown …Dorset.”

My efforts to engage with Dorset Council on the concerns expressed by my constituents have largely fallen on deaf ears. I wrote to its chief executive, Mr Prosser, on 5 August, but despite repeated requests for a reply I received a response only very late yesterday evening. In my letter, I referred to: the failure of the owner to deposit new site rules; residents and the emergency services having restricted access to estate roads because of the construction of new homes; rodent infestation; the dumping of rubbish and waste; and the proliferation of potholes, which prevent the local general practitioner car service from accessing the site. The chief executive says in his answer that he understands

“that a new site licence has been issued”,

which provides the site operator with a number of permitted rights. He goes on to say:

“There are some outstanding matters which would require planning permission that are not covered by the terms of the site licence, and for this reason there is an open enforcement case on the site until such matters are regularised.”

Despite having had my letter for two months, he goes on to say:

“planning/enforcement officers will visit the site again to check the situation to ensure the site is not being operated in a manner that would breach the permitted rights under the provision of the site licence or the permitted development order”,

and that

“the enforcement file will remain open until the site has been regularised.”

I refer to that letter at some length because it seems to show that the council has a very relaxed attitude to these important issues, which directly affect so many residents.

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[Sir Peter Bottomley]

Will the Minister join me in paying tribute to the Park Home Owners Justice Campaign, and does he agree that one of the best ways to identify and deal with bad operators is publicity? Can I through him invite people to copy anything that they say to rogue operators to [e-mail], which is one of the great campaigners in this field?

[Luke Hall]

Absolutely. Such debates are an excellent way to shine light on poor practice in the sector. Park homes represent about 180,000 households and can house some of the most vulnerable people in society. Too often, those people are exploited and suffer poor treatment. They deserve our protection and support, so it is right that the Government have given and will continue to give significant attention to the sector. Good progress has been made in recent years. We have heard this morning that there is still a huge amount to do. I trust that I can count on the support of the Members present this morning, as we press ahead with our vital reform of the park home sector.