Park Homes

Thomas Docherty Excerpts

Thursday 16th December 2010 Commons Chamber

[Annette Brooke]

I thank my hon. Friend for that intervention. It is indeed the case that this should provide an idyllic lifestyle and a useful addition to the housing supply.

Somebody said to me that we could make a comparison with the employment of a warden at an elderly persons’ dwelling site, because such a warden would be required to have certain characteristics. I am not suggesting that a site owner equates to a warden in any way, but the fit and proper person rule should be taken into account.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I welcome this debate; I congratulate the hon. Lady on securing it and on her tireless work on the matter. Does she recognise that there are concerns about fit and proper person criteria given, for example, the utter failure of the Football Association to make them mean anything? Does she agree that the Government must spell out exactly what those criteria are?

[Annette Brooke]

I thank the hon. Gentleman for his intervention. I am not pretending that this is easy to achieve, but I am trying to get a clear timetable to make progress on it. There is already work in progress. The previous Government had a statutory instrument ready to run, so some consultation has already taken place. We have the tribunal coming on board. That will provide evidence when people bring their cases about fit and proper persons and enable us to work together on all the issues that are arising.

I want to concentrate on malpractice in the buying and selling of park homes. In 2009, I presented a ten-minute rule Bill on this issue that aimed to prevent unjustified interference by a site owner when residents sell their park home. A park home site owner might reasonably wish to meet a prospective buyer, or at least to have a reference supplied, but an interview without the seller or an independent witness present can provide opportunities for rogue site owners to make misleading or untrue statements. Examples of such statements from across the country include: “The home is in poor condition”; “The home is not worth the price you’re paying”; “The home will have to be moved to another pitch next year”; “I have a right to ask the court to let me take the home off in five years”; and “The park is being developed and the home will have to be moved.”

Alternatively, the prospective buyer might be intimidated by real or implied threats and not want to be involved with the site owner in any way. The prospective buyer might understandably decide that he or she does not want to live on a park run in such a way, and/or by such an unpleasant person, and the sale will fall through. After that has been repeated a few times, the seller eventually sells the home to the site owner for a token sum. In each case, there are no witnesses and the prospective buyer is usually unwilling to give a witness statement, as he or she simply wants to get away from the park as quickly as possible. The seller does not usually go to court because there is no witness statement and the buyer is lost anyway.

The incentive for the site owner is to buy the home for a small sum, remove it from the park, site a new and possibly bigger home on the pitch, and sell it, thereby making a clear profit of perhaps £100,000. Rogue site owners currently have the ability to sabotage sales and can rely on the fact that many people who move to park homes are frail, vulnerable, elderly and easily intimidated. It seems reasonable for a site owner to be able to check out a prospective buyer, but how can we stop the abuse and possible fraud currently taking place? My Bill suggested that there should be an independent witness present at such meetings. However, that would not tackle phone conversations, so I can see that this is quite complicated.

In one case, constituents of mine were offered £81,000 by a prospective purchaser on the open market. The site owner had made an earlier offer of £15,000. A meeting took place between the prospective buyer and the site owner, who wrote to my constituent on 4 October 2007 to say:

“Thank you for your letter...introducing the above young lady to me and seeking my approval for her to buy the above home. Since taking over the park in 1999 we have always promoted the location as a retirement one for people over the age of 55. With that in mind I am unable to agree to”

the lady

“purchasing your home”.

On 5 October, the next day, a letter was issued to all residents on the park that said:

“Since taking over the Park in 1999 we have always promoted the location as a retirement one for people over the age of 55. My legal advisors have informed that this should be formalised within the Park Rules and I now write to advise you of the addition of the following rule…The Park is for retired/semi retired persons over the age of 55.”

So the rule was introduced after the refusal. The letter continued:

“In the event of anyone disagreeing with this rule please let me have your written objection within 28 days of the date of this letter.”

Representatives of the residents association on the site tell me that the prospective purchaser was originally prepared to make a statement about conversations with the site owner.