Agenda item

LEASE is a Non-Departmental Public Body funded by the Government to provide free legal advice relating to Park Homes in England.  LEASE Park Homes Advice is funded by the Department for Communities and Local Government (DCLG).

The Chair welcomed Anthony Tregenna of LEASE, a Non-Departmental Public Body funded by the Department for Communities and Local Government to provide free legal advice relating to park homes in England. He spoke on the following, responding to queries as set out beneath each category:-

• Pitch  Fee Review

§  can discuss maintenance issues with residents if it is felt that the site owner is only undertaking the bare minimum or avoiding their responsibilities. If there is an issue there could be grounds for challenging fee reviews;

§  any Local Authority site charge can only be added to the residents’ fee once. At present Exeter City Council is giving consideration to the level of any charge and has to justify any future increase; and

§  cost of appeal to First Tier tribunal is £154 for a resident, If two or more apply this will reduce to £260

• Sales and Gifts

§  commission is payable by the buyer to site owner, the maximum payable remaining at 10%; and

§  gift may be made only to family members. Within 7 days of gift new occupier must send a Notice of Assignment Form to site owner.

• Offenses

§  the word “persistently” had been withdrawn from “persistently reduce service” in the Caravan site Act 1968. As such, a local authority has power to prosecute if services are withdrawn as a criminal offence in the Magistrates or Crown Court; and

§  attempts to seek information from Estate Agents on potential buyers with a view to disrupting a sale would be considered professional negligence by the agents

• Licensing

§  from 1 April 2014 a Local Authority has the discretion whether to charge an annual licence fee and the amount. The policy must be published and any increase justified;

§  they have new enforcement powers and can serve a compliance notice setting out details of failures with a deadline for completion of remedial measures. The authority can also demand expenses and the maximum fine is level 5 in the Magistrates Court - £5,000;

§  if the site owner does not pay, a charge can be placed; and

§  an example given of potential breach was unsafe trees and branches which would constitute a health and safety hazard.

• Site rules

§  new rules since 4 February 2014 on bringing new Park Rules into force, the park owner to supply the proposal notice to each individual resident and the residents association;

§  28 day period in which to respond and it was suggested that residents respond as a group, although individual residents could also respond;

§  costs of appeal can be met by the site owner if it is found that the owner has been unreasonable, for example, tried to introduce a banned rule; and

§  the new framework was a welcome improvement with reasons as to why any rules are not agreed.

The presentation is attached to the minutes.

Contact details for Anthony Tregenna are:-

 The Leasehold Advisory Service

020 7832 2525

info@lease-advice.org

http://parkhomes.lease-advice.org

Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX

The Chair thanked Mr Treganna for his presentation.

The Chair advised that a Mobile Homes page would be set up on the Exeter City Council website to include Park Rules and that the residents would be advised when this was operational.

She stated that the issue of site licences had been raised at a meeting of the Scrutiny Committee - Community and she stated that details would be brought to the next the Forum meeting.