Ibraheem Dulmeer, barrister-at-law – www.parkhomeslaw.com – examines exactly what the fit and proper person test for residential park site owners means in light of some interesting recent cases…

The requirement for a ‘fit and proper person’ to be appointed to manage a park home site was introduced by The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) England Regulations in 2020.

The regulations prohibit an individual from managing a site in England unless the local authority are satisfied that the owner or manager of the site meets all the requirements for the individual to be deemed as ‘fit and proper’. If the site owner or their manager does not meet these requirements, they are committing an offence.

Example recent cases
Since the requirements were introduced, the licence holders for five park sites’ applications were rejected and their appointed individuals have not been included on the Register of Fit and Proper Persons. The sites subsequently applied to the Tribunal to appeal the local authority’s decision.

The First-tier Tribunal (Property Chamber) (‘the Tribunal’) considered that it had powers and authority to uphold, vary or quash the decision of the local authority, and if necessary advise that the local authority is to accept the person in the Register of Fit and Proper Persons.

It is incumbent upon the site owners to demonstrate, that they or their appointed individual were a fit and proper person to manage their respective sites. A case was quoted to explain the definition of a ‘fit and proper’ individual: ‘It is an expression directed to ensuring that an applicant for permission to do something has the personal qualities and professional qualifications reasonably required of a person doing whatever it is that the applicant seeks permission to do.’

 

 

Ibraheem Dulmeer, barrister and mediator at Normanton Chambers, is a specialist in park home matters in England and Wales. His expert knowledge and experience in this sector confidently provides individuals or companies with the reassurance and assistance they need. Ibraheem is qualified under the “Direct Public Access Scheme” allowing you to instruct him directly to help you with your purchase.
Please do not hesitate to contact Ibraheem for an initial consultation on 07939 259924 (mobile),
0300 0300 218 (Chambers) or email info@ibraheemdulmeer.com. Alternatively, you can submit an enquiry by using the website www.parkhomeslaw.com.
Address: Normanton Chambers,
218 Strand, London WC2R 1AT.

The information provided in this article serves as useful guidance. Please note that this is not intended to be comprehensive and should not be relied on in substitution for specific legal advice. If in doubt, you could seek specific advice from Ibraheem Dulmeer. This material should not be replicated without the author’s consent. Ibraheem Dulmeer © 2022

 

 

Read more in the October 2022 issue of Park Home & Holiday Living