Barrister Ibraheem Dulmeer – www.parkhomeslaw.com – explains more about the new Fit and Proper Person regulations for residential park sites…
There are more than 1,800 licensed residential park home sites across England, which are governed by the Mobile Homes Act 2013. Since the implementation of the Mobile Homes Act 2013, and given the demographic of most park home owners, it is essential that the running of residential park home sites should be undertaken by those who have the correct aptitude and character.
It follows that on 23 September 2020, regulations were introduced that require a Fit and Proper Person Test for mobile home site owners, or the person appointed to manage the site, unless exempted by the regulations.
Beginning from 1 July 2021 until 30 September 2021, in addition to sites being licensed, it will become imperative that residential sites, operated on a commercial basis are managed by an individual deemed to be ‘a fit and proper person’.
In following the new regulations, local authorities – where said persons successfully meet the conditions referenced below – will be creating and compiling a register of successful individuals who have passed and met the requirements. This will be called The Fit and Proper Person Register.
Why is the fit and proper person test required?
It is without any doubt that there are many excellent site owners who operate an excellent level of service and management.
The purpose of the test is to improve and raise standards in the residential mobile home sector to provide a more professional service to park home owners. Most importantly, those who choose to remain in the sector without reforming their practices will find themselves unable to do so legally if they do not meet the ‘fit and proper person’ requirements.
What is a fit and proper person?
The applicant wishing to be included on the register will have to demonstrate they are able to conduct effective management of the site, with reference to their competency, management structure and funding arrangements for the site.
The applicant will also be required to provide a criminal record check and should include evidence that the applicant:
(a) has not committed any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements);
(b) has not contravened any provision of the law relating to housing, caravan sites, mobile homes, public health, planning or environmental health or of landlord and tenant law;
Ibraheem Dulmeer, Barrister of Normanton Chambers is a specialist in Park Home Matters. He has expert knowledge of this legislation within this sector and his experience will provide individuals or companies with all of the necessary information, guidance and how they might be impacted by the new Regulations. Ibraheem is qualified under the ‘Direct Public Access Scheme’ which permits him to accept instructions directly from the public, be it a company or individual.
Freephone: 0300 0300 218
The information provided in this article serves as a useful guidance. Please note that this is not intended to be comprehensive and should not be relied on in substitution for specific advice. If in doubt, you could seek specific advice from Ibraheem Dulmeer, who specialises in this area of law. This material should not be replicated without the author’s consent. Ibraheem Dulmeer © 2021
Read the full story in the August 2021 issue of Park Home & Holiday Caravan