Park Homes Advice

provided by LEASE

Mobile Homes Act 2013 – New sections come into force 1 April 2014

Date added: 1/4/14

Local Authority fees
New regulations come into force on 1 April allowing local authorities to charge a fee for issuing or consenting to the transfer of a park homes site licence. This amends the Caravan Sites and Control of Development Act 1960(1960 Act).Each local authority must publish a policy document laying out its site licence fees policy and it must act in accordance with this. More information can be found in Section 1 of the Mobile Homes Act 2013.

Annual licence fee added to pitch fee
Under the Mobile Homes Act 1983 (as amended), a park homes site owner can now take into account any maintenance or management costs which result from a change in the law when reviewing pitch fees. Once the fee has been added, it will remain part of the pitch fee and any subsequent Retail Price Index (RPI) increases will be applied to it.

Discretion to transfer or refuse a site licence
Under the Mobile Homes (Site Licensing) (England) Regulations 2014 local authorities now have a number of prescribed matters which they must consider before issuing or agreeing to the transfer of a site licence.

The local authority may also request specific documentation in relation to the application, which is explained in the Regulations. If it decides to refuse to grant or transfer a site licence, it must serve a notice explaining its reasons for doing so as well as details on how to appeal its decision to the tribunal.

Enforcement Action

  1. Compliance notices – breach of licensing condition

    From 1 April 2014, local authorities will have greater powers to take additional enforcement action in the event of a breach of licencing conditions. A compliance notice may be served upon a site owner listing the necessary action to address the issues. The notice must include the following:

    • Site condition and how the site owner has failed to comply
    • Steps that need to be taken to ensure compliance
    • Time period to carry out steps to ensure compliance
    • Right of appeal

    If the terms are not complied with, the local authority may decide to prosecute in a magistrates’ court.

  2. Emergency situations
    A provision has been introduced to deal with emergency situations where the site owner has failed to comply with a site condition AND their actions present an imminent risk to the health and safety of others. Local authorities may decide to take action where the site owner refuses or is not available to take action. In such a case, no minimum notice period is required.

    Within 7 days of taking emergency action, the local authority must issue a further notice to the site owner. The notice has to explain the following:

    • The reasons why the works are necessary
    • Extent of works
    • When they are likely to be completed

    The costs of carrying out the work may be recovered by the local authority. There is also a right to appeal if the site owner considers that it was unreasonable for the action to be taken or that the residents on the site were not in imminent risk of serious harm.

For more information please contact LEASE on 020 7383 9844.

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