Park Home Life Continued………………
So what protection does the Residential Caravan Owner
have? In short, currently very
little. There are two regulatory bodies
involved in the Residential Caravan Market.
Firstly there is the National Caravan Council (NCC), this body self
regulates the Residential Caravan Manufacturer, secondly there is the British
Homes and Holiday Park Association (BH & HPA), this body self regulates the
Caravan Park Owners. Increasingly
manufacturers are setting up their own parks so these two bodies have virtually
become one, but make no mistake, both of these self regulatory bodies protect
the manufacturer and park owner more so than the Residential Caravan
Owner. As previously stated the
Residential Caravan Owner on a licensed park comes under the remitt of the
Mobile Homes Act 1983, and although it sets out a number of things that a Park
Owner should or should not do, it does not afford much individual protection to
the Residential Caravan Owner if things unfortunately go wrong. A growing concern is the fact that in many
cases a Residential Caravan does not automatically transfer to next of kin upon
the death of the owner, alarmingly it is reported that some ownerships are not
allowed to be put into joint ownership, thereby giving an unscrupulous Park
Owner an advantage over the surviving partner, in any event assignment to
another member of the family is sometimes subject to a minimum age of 45, which
again can give an unscrupulous Park Owner a financial advantage
So are all Park Owners this bad? Consider this, the situation appears to have
got so bad that two seperate parliamentry groups are attempting to get new
legislation passed to protect the Residential Caravan Owner. Firstly in Northern Ireland John McCallister
MLA, Deputy Leader of the Ulster Union Party has spent a considerable amount of
time producing what is known as the McCallister Bill, which is a private
members bill, which is due to be passed any time now, the Bill has received
widespread cross party support. Here on
the mainland a Parliamentry Adjourment debate is taken place, led by Annette
Brooks M.P. and again receiving wide spread cross party support, and again this
is due to be passed any time now. What
has motivated these Bills? It would
appear that most M.P.s who have a Park Home facilities within their own
constituencies has received numerous complaints, and this is not of late, it
fact it spans three decades. Both Bills
aim to acheive a fairer system for Residential Caravan Owners and Static
Caravan Holiday Owners. Particular
attention is being paid towards the "Written Agreement" that already
exists under the Mobile Homes Act 1983, the blocking of sales and the unprecedented
vetting of prospective purchasers, and when things go wrong a quicker and
usually free access to justice by way of independant tribunal, so Residential
Owners do not have the massive expense and financial imbalance through the
court system, which is another tool currently used by the unscrupulous Park
Owner. The setting up of Residential
Caravan Owners Associations will also be made easier, in fact the Goverment and
local authority enforcement agencies such as the OFT and Trading Standards are
to encourage these associations to develop.
Not good news for the Park Owner, as usually these are discouraged at
park level as it gives Residential Caravan Owners a say in how the park is run,
also if there is more than 51% membership of the association then that
association has a right to be involved in the setting of annual fees. Another
hope from these two bills is that the Office of Fair Trading Guidelines
covering Static Holiday Caravan Sites will be turned into actual legislation,
which will help to clarify what is sometimes seen as ambiguous wording.
To be Continued ...............
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