Overview

This Bill amends the law relating to mobile homes in England and Wales, primarily focusing on strengthening the rights of mobile home residents and clarifying the responsibilities of site owners and managers. Key changes include introducing fees for site licences, enhancing the power of local authorities to address site rule breaches, and altering rules around the sale and gifting of mobile homes.

Description

Licensing and Fees

The Bill introduces fees for site license applications, alterations, and transfers, allowing local authorities in England to set their own fee structures. Annual fees for relevant protected sites will also be introduced. Local authorities in England will have greater discretion over issuing or transferring licences, with regulations enabling the Secretary of State to specify relevant considerations and appeal processes.

Site Management and Compliance

The Bill empowers local authorities in England to issue compliance notices for breaches of site licence conditions on relevant protected sites, with appeal rights to a residential property tribunal. The local authority can carry out works to rectify non-compliance and may recover expenses. Emergency action can be taken if there is an imminent risk of harm. Site managers will be required to be 'fit and proper persons' via a register managed by local authorities.

Pitch Agreements

The Bill removes the requirement for site owner consent for the sale or gift of mobile homes in England, subject to certain conditions and regulations. It establishes a process for setting and reviewing pitch fees, considering factors like site condition and services provided. Site rules will be considered express terms of pitch agreements.

Offences and Penalties

The Bill increases penalties for certain offences under the 1960 Act and introduces new offences, including providing false or misleading information to residents or prospective buyers. It also extends liability for offences committed by bodies corporate to their officers.

Government Spending

The Bill is expected to increase government spending indirectly through increased workload for local authorities managing fees, licensing and enforcement, and potentially increased legal costs associated with tribunals. No specific figures are provided in the text.

Groups Affected

• Mobile home residents: Potentially benefit from stronger rights regarding site rules, sale/gift of homes and pitch fee reviews, but may face increased fees.
• Site owners: Face new responsibilities and potential costs associated with fees, compliance, and the changed rules regarding sales and gifts. Increased potential liability for offences.
• Site managers: Subject to "fit and proper person" requirements.
• Local authorities: Assume greater enforcement responsibilities and administrative burden for managing fees and registers. May also have to bear costs of enforcing compliance and going to tribunals.
• Residential property tribunals: Increased workload due to new appeal processes.

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