Minutes:
The Chair welcomed Tim Selley of Crosse and Crosse who had significant experience in matters relating to mobile homes. He spoke on legal issues relating to mobile home parks and updated the Forum on current legislation.
He advised that a Residential Property Tribunal had been established which now dealt with the majority of disputes formerly considered by the Courts. The Tribunal was based at Chichester but often sat in the area where the dispute originated. It was often chaired by a Solicitor and with representatives from appropriate organisations including very often a surveyor who might also chair. As it was a new body, cases had only recently started to be considered and the decision making process developed. The decisions of the Tribunal could be viewed online - http://www.justice.gov.uk/tribunals/residential-property
The most common issues were pitch fee increases and “sale blocking”, with greater success achieved of late in respect of the latter - compensation of £13,000 had been ordered in respect of a Cambridge property. The site owners, who always ensured strong legal representation at court, invariably sought to recover costs but were rarely successful. In addition, they delayed matters and protracted negotiations as much as possible to extend the length of time in the hope that residents would drop their cases.
A Private Members Bill introduced by Peter Aldous MP was to receive its second reading on 19 October but had not been published yet. The main focus was “sale blocking” and the introduction of stronger licensing conditions. It would also seek to limit the ability of the owners to insist on annual index linked fee increases. Although the Residential Property Tribunal was working well, the Bill sought to tweak its operation. It was hoped that Grant Shapps MP’s transfer from Minister of State for Housing and Local Government in the recent re-shuffle would not impact on the Bill’s journey through Parliament.
It was unclear, at present, which aspects of the Bill would be covered by primary or secondary legislation. The fee to cover a Tribunal case was £150 or less but was expected to rise, possibly even as high as £500.
Responding to a Member who felt that local authorities had insufficient powers with regard to park home sites, he stated that the Select Committee examining the Bill had received representations from many local authorities including Exeter City and Cornwall County Council, Cornwall Trading Standards and other bodies and had recognised that enforcement procedures were largely ineffective and it was hoped that legislative changes would bolster the ability to enforce. One aspect that would, it was hoped, be strengthened would be the ability for Councils to undertake work on site and charge for this work.
The Chair thanked Tim Selley for his advice and update. She remarked that she had contacted the President of the Southern Tribunal Service who was prepared to speak to the Forum but had suggested that this could better be undertaken as a joint presentation with other Forum’s sometime in 2013. By that time the nascent Cornwall Forum should have been established.