Although PHOJC is not an advisory service we do receive many questions and requests for information from our Members. As many items are on the same subject we asked the Ministry of Housing, Communities and Local Government to give their response to these points. The Ministry have kindly supplied the following information.
Fit and Proper Register
Q1. My local authority has not published the fit and proper person test register online as required. What action can a resident take? ·
Local authorities are required to establish and maintain a register (online and in their offices) of fit and proper persons in their area. · If a local authority has not done so and a resident wants to know why, they can ask the local authority. If the local authority does not provide a satisfactory response, the resident could consider making a formal complaint through the council’s complaints procedure. · If the resident however wants specific information about a particular site that is required to be on the register, they can put in a freedom of information request to the local authority, to provide that information (Also see Question 4).
Q2. Some sites have no Fit & Proper Person registered on the local fit and proper person register. What action can a resident take?
Local authorities are required to establish and maintain a register (online and in their offices) of fit and proper persons. The register must include certain ‘required information’. If the resident wants to know why details of some sites are not on the register, they can ask the local authority. If the local authority does not provide a satisfactory response, the resident could consider making a formal complaint through the council’s complaints procedure. · If the resident however wants any of the ‘required information’ about a particular site, they can put in a freedom of information request to the local authority (Also see Question 4).
Q3. I live on a protected site but there is no entry relating to the site on the council’s Fit and Proper Person Register.
A local authority’s register of fit and proper persons must include certain required information. If a resident is unable to find any of the required information about a particular site on the register, they could ask the local authority why the information has not been published. If the local authority does not provide a satisfactory explanation, the resident could consider making a formal complaint using the council’s complaints procedure. If the resident however wants any of the ‘required information’ about a particular site, they can put in a freedom of information request to the local authority (Also see Question 4).
Q4. What if the local authority does not provide information requested by a resident?
The Freedom of Information Act gives a person a right to ask to see recorded information held by public bodies, including local councils. The person making the request does not need to give the local authority a reason for wanting the information. The freedom for information (FOI) request must be made in writing. The local authority should send them the information within 20 working days of receiving the request. Further details of how to make an FOI request are available at https://www.gov.uk/make-a-freedom-of-information-request If a local authority does not provide the information requested, they should first be asked to review their decision. If the person is not satisfied with the local authority’s response, the resident can complain or appeal to the information commissioner https://ico.org.uk/make-a-complaint/
Site licences, maintenance and enforcement
Q5. The trees on my site are not being maintained and are now touching residents’ homes. What action can residents take?
Under the implied terms of a resident’s written agreement, a site owner has a responsibility to “maintain in a clean and tidy condition those parts of the protected site, including …site boundary fences and trees, which are not the responsibility of any occupier (resident). If a tree(s) is a resident’s responsibility, it should be set out in the express terms of their written agreement. If the express terms do not place any such responsibility on the resident, the site owner will be responsible for the tree(s). The resident should then bring their concerns about the possible danger to them and/or their property, to the site owner’s attention. If the site owner does not agree the trees are their responsibility, the resident can seek a determination at the First Tier Tribunal. In most cases, the local authority will attach a condition to the site licence requiring the site owner to maintain trees within the site (subject to the necessary consents). If a site owner does not maintain the trees, they will be in breach of their site licence condition. The resident should contact the local authority as soon as possible about the danger to them and their property.
Q6. I am not sure whether my site has a residential licence because a site licence is not displayed on the site.
If a copy of the site licence has not been displayed on the site, the resident could ask the site owner to display a copy as required. · Local authorities are required to keep and maintain a register of all site licences issued. The register should be available for inspection in their offices at reasonable times. If the resident is unable to obtain a copy of the site licence from the site owner, they can contact their local authority for details of where and when they can inspect the site licence.
Q7. A residential site licence is not displayed on my site. I asked the Council for a copy of the site licence but I did not receive a response.
The Freedom of Information Act gives a person a right to ask to see recorded information held by public bodies, including local councils. The person making the request does not need to give the local authority a reason for wanting the information. If a council does not respond to an initial request for information, the person making can make the request again as an FOI request. The request must be made in writing and the local authority should send them the information within 20 working days of receiving the request. · Further details of how to make an FOI request are available at https://www.gov.uk/make-a-freedom-of-information-request If a local authority does not provide the information requested, they should first be asked to review their decision. If the person is not satisfied with the local authority’s response, the resident can complain or appeal to the information commissioner -https://ico.org.uk/make-a-complaint/
Q8. Some residents have been unable to establish if their site has a site licence and is giving concern that action could be taken against the site owner and the site having to close in the future.
Local authorities are required to keep and maintain a register of all site licences issued. The register should be available for inspection in their offices at reasonable times. If a resident wants to establish whether their site has a licence, they can contact their local authority for details of where and when they can inspect the site licence. · If the local authority has not granted a site licence or received an application from the site owner, a resident can ask the local authority for details of what action, if any, they intend to take and what it would mean for residents.
Q9. Residents concerned about the lack of site maintenance know they can take action to address the problem. Many however fear that taking a stance against the site owner could result in problems in the future or even eviction from the site.
Residents have a right to enforce their rights and would be encouraged to do so. A resident cannot be evicted from a site for enforcing their rights. A resident can only be evicted if they have breached the terms of their agreement; if they no longer live in their home as their main and only residence; and if the condition of a home is having a detrimental effect on the amenity of the site. Residents can contact LEASE for further advice about their rights.
Q10. An easy way to rectify any concern regarding the site licence is to make it available on the Council's website just like the site rules and the Fit and Proper Person Register. All 3 items could be contained in one file and could easily identify those site owners who have not yet complied with the full Regulations.
The Caravan Sites and Control of Development Act 1960 requires local authorities to keep and maintain a register of site licences issued in their offices and make the register available for inspection by the public. Primary legislation will be needed to require all local authorities to publish their register of site licences online. If a person requires details about a site licence for a specific site, they can contact the local authority for details of where and when they can view the register.
Q11. It is fine to suggest residents should contact their local authority for details about the site licence. In practice this does not happen and complaints are often ignored by both the site owner and the local authority. This needs to be tightened up in the legislation.
If a resident requires details about a site’s licence, they would be encouraged to contact their local authority for details of where and when they can inspect the register of site licences. If a resident makes a complaint to a local authority and it is ignored, the resident should consider making a formal complaint. If that is not addressed satisfactorily, the resident can take their complaint further to the Local Government Ombudsman.
Q12. Many local authorities have listings on their website, but they are often out of date and asking for them to be corrected is ignored.
If a local authority ignores a request to update information on their website, the resident should consider making a formal complaint against them. If the complaint is not addressed satisfactorily, the complaint can be taken further to the Local Government and Social Care Ombudsman. · If a resident requires information from a local authority, they can submit a freedom of information request to the local authority (Also see Question 4).
Site rules
Q13. I live on a Protected Site but no site rules have been deposited with the local authority.
If a site owner has not deposited any site rules with the local authority for publication on its website, it could mean that the do not want their site to have rules. If they made site rules using the statutory procedure which includes consultation with residents, but are yet to deposit those rules with the local authority for publication, those rules will not be enforceable until they are deposited and residents notified about it.
Q14. There is confusion about the purpose of site rules having to be deposited with the Local Authority.
The purpose of depositing site rules with local authorities is to enable anyone buying a home on a particular park, to independently check and satisfy themselves that they would meet the site’s rules before they enter into the agreement. The rules they need to ensure they will meet are those relating to age, number of permitted cars and keeping of pets. It would also enable anyone to independently check and confirm what site rules apply on a particular park.
Q15. If there are no site rules deposited then the site has no enforceable rules and Home Owners can do as they like.
If a site owner does not follow the statutory procedure for making site rules which includes depositing the site rules with the local authority, then the site will not have any enforceable rules. If a site does not have enforceable rules, it will not mean that residents can do as they like. Residents must remain aware of and ensure they continue to comply with their obligations in the implied and express terms of their written agreements.
Q16. The confusion occurs when a Local Authority publishes site rules which may contain banned rules, on their website without verifying them. This raises questions about the legality of the rules.
If site rules have been properly made and deposited with the local authority for publication, the site rules will become part of the express terms of a resident’s written agreement and will be enforceable. If any banned rules are included in the site rules deposited with a local authority, and published, they will not be enforceable. A local authority has no power to determine whether a site rule is a banned rule or not. That is a matter for the First Tier Tribunal. The process for making site rules requires residents to be consulted on the proposed site rules. The consultation process provides residents with the opportunity to check and ensure the proposed site rules do not include any banned rules. If any banned rules are included, residents do not have to agree to them can seek a determination at the First Tier Tribunal.
Q17. The Site Rules Regulations state that unless the site rules are deposited with the local authority, the site has no enforceable rules. Some residents are concerned they could not find their park's site rules on the Council's website and that the site owner would find it difficult to enforce any rule through the Tribunal process.
Part of the procedure for making site rules includes depositing the rules which residents were consulted on, with the local authority. Once deposited with the local authority the site owner must within 7 days of doing so, use a statutory form to notify each resident that the site rules have been deposited with the local authority and provide each resident with a copy of the deposited rules. The site rules will come into force after 21 days of being deposited with the local authority. Residents must keep the site rules safely because they will become part of the express terms of their written agreement when it comes into force. If a resident breaches any of the site rules, the site owner will be able to seek a determination at the First Tier Tribunal. The site owner will be able to enforce a breach of the site rules even if the local authority has not published the site rules on its website.
Q18. It also appears that there is confusion amongst local authorities about access to the register of site rules. Some publish the rules in full (even if they are not in line with the regulations) while others only indicate that rules have been deposited and further action has to be taken if the enquirer wishes to read the full rules.
The law requires local authorities to publish the register of site rules online and they should also be open to inspection by members of the public at the offices of the local authority during normal working hours. To make site rules the residents will be consulted. If residents have any concerns about the proposed rules they can seek a determination at the Tribunal. If residents accept the rules they will be deposited with the local authority and will form part of a residents express terms once they come into force. Local authorities are only required to accept and publish the site rules deposited with them. They are not required to provide any additional information or advice about the site rules deposited with them. If any site rule(s) deposited with the local authority contain banned rules, the banned rules will not be enforceable.
Q19. The question has to be asked, what is the point of depositing rules with the local authority if they are not vetted and in some cases not published?
The changes introduced in 2013 were aimed at making the process for making site rules transparent and for residents to be involved in it. · Residents must be consulted on any proposed site rules and they can reject any site rules they are not satisfied with or which are on the list of banned rules. Residents can seek a determination at the Tribunal if they are not satisfied with the process. Residents will also be given a copy of the site rules and once they come into force, will form part of the express terms of their written agreement. Local authorities have no role or powers to determine the terms of a resident’s contract. It would therefore be inappropriate for local authorities to ‘vet’ site rules agreed by residents. Local authorities are only required to publish the rules deposited with them. This is to enable particularly those planning to buy a home on the relevant park, to independently check and satisfy themselves that they would meet the site rules which relate to age, the number of permitted cars and keeping of pets, before they enter into an agreement. If a local authority has not published site rules deposited with them, a resident can if they wish, request an explanation from the local authority.
Residents Rights
Q20. A report was made to the local authority concerning intimidation by site owners but the local authority had very little interest.
If the local authority does not respond to a report made to them about intimidation, the resident should ask the local authority to provide reasons for their decision.
Q21. A report was made to the local authority concerning sale blocking but the local authority appeared to have very little interest.
Local authorities have powers to deal with sale blocking. If a local authority does not respond to a report made by a resident about sale blocking, the resident should ask the local authority to provide reasons for their decision. If the resident is not satisfied with the response, they could consider making a formal complaint against the council.
Q22. A report was made to the local authority concerning moving residents homes but the local authority appeared to have very little interest.
The requirements around the re-siting a resident’s home are set out in the implied terms of a resident’s written agreement. A site owner can move a resident’s home for essential repairs to the base on which the home is placed or for emergency work or repairs following a flood, landslide or other natural disaster. The site owner must return the home to its original pitch when the repairs are finished. If they don’t, the resident can apply to the tribunal for an order making them return the home to its original pitch. If a site owner wants to move a home for any other reason (whether temporarily or permanently), they can only do so with authorisation from a tribunal. In all cases, the new pitch must be broadly similar to the current pitch and the site owner will have to pay any costs and expenses that the resident has to pay in connection with the move to and from the pitch. If a site owner breaches any of these requirements, a resident can seek a determination at the First Tier Tribunal.
Q23. Being told to check with The Leasehold Advisory Service is a regular occurrence and though a particularly good service it only quotes the current legislation covering the complaint/question and does not assist the residents by giving advice.
LEASE was set up to provide residents with advice about their rights and obligations. If a resident is not satisfied with the quality of advice they have received from LEASE, they should raise their concerns with LEASE and if necessary make a formal complaint. Details of how to do so are available here; Complaints policy - The Leasehold Advisory Service
Q24. In law residents have lots of ‘rights’ but because the legislation is not being used enough to enforce matters of concern on park home sites it leaves this particular section of the housing population with little help.
Responsibility for enforcing the legislation will depend on whether the issue is about contractual terms or site licensing. Contractual issues are those that relate to the terms of a resident’s Mobile Homes 1983 Act written agreement. The resident will be responsible for enforcing any breaches of the terms by the site owner. Residents who require free independent advice about their rights and how to enforce them can contact LEASE. Site licencing relates to the safety and maintenance of a site. This is regulated through the local authority site licencing system under the Caravan Sites and Control of Development Act 1960. The legislation gives local authorities powers to attach conditions to a site owner’s licence and take enforcement action if the site owner breaches those conditions. If a resident has any concerns about conditions on a site, they should contact the local authority.
Q25. It seems strange that the onus on enforcing the ‘fit and proper person test’ is on the residents and not the local authority. They have been given the powers to make sure the legislation is being enforced but some chose not to do so.
Residents have no powers to enforce the fit and proper person test. That is the responsibility of local authorities. Local authorities have powers to deal with breaches of site licensing conditions, breaches of the fit and proper person test regulations and harassment. Local authorities have no powers to deal with contractual terms between a site owner and a resident. Residents can make complaints about local authorities if they have done something wrong, failed to provide a service or not followed correct procedures. If the complaint is not dealt with satisfactorily, it can be taken further to the Local Government Ombudsman.
Q26. Site owners can and often do put pressure on their residents in numerous ways to curtail any complaints to the local authority which is unfair. The upshot of the current system, which is not always being enforced, is that many sites either do not have a ‘fit and proper person’ in charge or have a person who should not have passed ‘the test’.
Residents have a right to make a complaint to a local authority or seek redress through the First Tier Tribunal. We would encourage residents to enforce their rights to ensure site owners are properly held to account. The fit and proper person test sets out the system for assessing whether a person meets the requirements. The assessment is carried out by local authorities and they should be able to justify any decisions they make to place a person on the fit and proper register. If a resident has any concerns and evidence that a person has been placed on a register but does not meet the requirements, they should consider bringing their concerns and evidence to the attention of the relevant local authority for their consideration. The local authority will decide what action(s) they will take.
Redress
Q27. Taking a complaint to the Local Government and Social Care Ombudsman is not as effective as it is suggested. The Ombudsman does not have powers to make councils or care providers carry out their recommendations to put something right, but in nearly all cases they do. If the local authority decides to ignore any recommendations they are free to do so without any repercussions, which makes the entire process pointless.
An ombudsman is an independent service that investigates and resolves complaints and makes decisions based on what is fair. Ombudsman schemes are not regulatory or enforcement bodies. As well as providing redress for an individual, an ombudsman also identifies any systemic issues and provides feedback to the local authority to help them improve services and complaint handling. While the recommendations of ombudsman schemes that deal with complaints about public services are usually not binding, over 99% of their recommendations are accepted. If they are not, an ombudsman usually has a power for their report to be considered by parliament.
Q28. A complaint about lack of maintenance which has been caused by the local authority not enforcing the licence conditions for a period over 13 months cannot be referred to the Ombudsman which rules out any investigation.
In most cases, the Ombudsman can only investigate if a complaint is made to them within 12 months of the complainant becoming aware of the matter. It is right that there is a time limit in place as this will ensure complaints are investigated as soon as possible, particularly if the issue is important and may put lives at risk. Residents should raise complaints with their local authority as soon as possible to ensure a complaint to the Ombudsman can be made and considered on time.
Q29. This service is mainly available online and leaves the elderly confused, even if they have the ability to go online they will not find a section dealing with park homes.
If a resident has difficulty making a complaint themselves, they can ask someone to complain on their behalf, but they must give the person their permission or a right to act on their behalf. The Ombudsman has published guidance on how to make a complaint. The guidance applies to every type of complaint including park homes.
Q30. Even those who have no internet access and wish to register their complaint by post can only do so on a form which has to be downloaded from the internet. What can you suggest as a better system with proper information and what can be done for those without the internet?
The Ombudsman is committed to taking action to ensure that the way they work does not place people with disabilities at a disadvantage. They want to remove the barriers some complainants have in accessing their service and making complaints. · As part of their reasonable adjustment policy, the Ombudsman will ask a complainant whether they need extra help to use their service and they will do their best to communicate with them in the way they have requested.
Q31. Going to the Tribunal is expensive, stressful and may need the service of a solicitor, which many cannot afford.
Disputes under a Mobile Homes Act 1983 written agreement were transferred to the Tribunal to make it easier and less expensive than going to the Court. In the majority of cases, the services of a solicitor will also not be required. Residents would be encouraged to enforce their rights as doing so could in the long term they could make savings.
Q32. Currently park home owners having an issue with their site owners or others do not have a dedicated redress system available to them unlike those who have issues with estate agents for instance and can go to the Property Ombudsman or the Property Redress Schemes. In January 2019 the Government acknowledged a gap in redress services for park home residents and committed to extending mandatory membership of a redress scheme to all residential park home site operators. We would like to know what has happened about this consultation, nearly six years on, please.
Park home residents have a number of redress schemes they can currently use. They include the Local Government Ombudsman if they have a complaint about a local authority, the First Tier Tribunal if they have a dispute with the site owner about contractual terms and a Property Redress scheme if they have a complaint about an estate agent. In response to the 2019 consultation, the previous Government announced in its White Paper, ‘A Fairer Private Rented Sector’ published in June 2022, that “We will explore extending mandatory membership of a redress scheme to residential park home operators……”. The previous Government did not include any proposals for a redress scheme in the Renters Reform Bill which also did not complete its Parliamentary stages before the 2024 general election.
Park Homes officer
Q33. Some local authorities are failing to protect mobile home owners by not taking any action to make site owners meet the requirements of the site licence conditions, the Fit & Proper Person Test Regulations and other powers they have to control rogue site owners. This is why PHOJC is campaigning for a fully trained Park Homes Officer with knowledge of The Mobile Homes Act and site licencing, to be appointed in every local authority where there are residential park home sites.
Under the Caravan Sites and Control of Development Act 1960, local authorities have responsibility for site licencing and the fit and proper person test. To carry out their responsibilities local authorities will have an officer with responsibility for those issues. Local authorities do not however have any role in residents’ contractual terms set out in their Mobile Homes Act 1983 written agreements and are unlikely to be able to provide residents with expert advice about their rights. Residents who need advice about their rights and obligations can contact the independent advisory body, LEASE.
Q34. If the lack of available finance is an argument against the Park Homes Officer then maybe the Authority should start issuing fines to site owners who breach regulations especially those who are running sites where no Fit & Proper Person application has ever been made and to remember the fine in this case is unlimited.
Local authorities are independent bodies and it is for them to decide what staff resources they need to carry out their functions. Local authorities currently have no powers to issue fines in relation to park homes. Local authorities are however able to charge for site owners an annual fee towards the cost of their site licensing and fit and proper person test functions. They can also recover the cost of any enforcement action from site owners. Local authorities also have powers to prosecute site owners who commit offences under the site licensing and fit and proper person legislation.
Q35. Local authorities and the use of ‘a fully trained park home officer’ is paramount for the system to be fair and to ensure site owners look after their sites and their residents according to the law. What is the point of a local authority with registered park home sites NOT having a member of staff trained to understand the legislation and the procedures required to carry out their obligations? There should be a mandatory post within each affected authority.
Local authorities are responsible for site licencing and the fit and proper person test. They are independent bodies and it will therefore be for each local authority to decide what staff resources they need to carry out those functions. If a local authority has no staff in place to carry out its site licensing or fit and proper person functions, residents should make a complaint to the relevant local authority. If the complaint is not dealt with satisfactorily, they can take the complaint further to the Local Government Ombudsman. .