Residential Mobile Homes in Scotland

Chapter One Introduction

Introduction

1.1 The Scottish Government commissioned this research to provide an up-to-date picture on the use of mobile homes as dwellings in Scotland. The legislation with regard to mobile homes has recently changed with the introduction of the Housing (Scotland) Act 2006, and the context of mobile home living in Scotland has been the subject of considerable discussion as part of that legislative process (see the written and oral submissions to the Scottish Parliament Communities Committee with regard to then Housing (Scotland) Bill 2005 (Scottish Parliament, 2005). A key driver behind legislative change in other parts of the United Kingdom has been the input of the Park Homes Working Party, Department for Communities and Local Government. However, a central concern in Scotland is that the characteristics of the mobile home sector in this country are significantly different from other nations within the UK. This research will examine the nature of the mobile home sector in Scotland, and aims to inform how policy can be shaped in the future.

Context

1.2 There were two main groups of mobile homes in Scotland that were considered by the research. The first concerns residents who live in park homes on licensed sites, who are covered by a number of different Acts. Secondly, a characteristic of mobile home living in Scotland is the number of people who live in individual caravans and mobile homes on unlicensed sites, or which may be exempt from licensing.

1.3 Whilst a number of research studies have reflected on the issue of mobile homes in Scotland (Baxter et al, 1997; Alexander, 1992; Laing and Lindsay, 1980), the last research to explore the extent of mobile homes in Scotland was for the Scottish Office by Gentleman and Wilkinson (1977). This latter research found that about 3,800 households were living in mobile homes on licensed sites in 1975. However, other research has identified households living on unlicensed sites and in single units, which were not included in the research conducted for the Scottish Office. Alexander (1992) found that between 14 per cent and 18 per cent of all households on the Ross of Mull were living in residential caravans. In another instance, research noted concentrations in the use of individual mobile homes in a number of specific localities such as Skye (Baxter et al, 1997). Such findings lead to a concern that there may be considerable numbers of households living in mobile homes in remote and rural areas on unlicensed sites and which may not have basic standards of site facilities. The research by Alexander (1992) also noted the use of croft land for mobile homes.

Legislation

1.4 People who live in park homes on licensed sites are covered by a number of Acts as follows:

• The Caravan Sites and Control of Development Act 1960, regulates the use of land as a park home site.
• The Caravan Sites Act 1968 protects park home residents against being evicted and against harassment. This Act was extended to Scotland by the Mobile Homes Act 1975.
• The Mobile Homes Act 1983 sets out the rights of mobile home residents (see Barsby, (2001)).

1.5 The Housing (Scotland) Act 2006 amends a number of sections of the Mobile Homes Act 1983. The intention of the new Act is to extend the protection for people who occupy a mobile home and let a stance from a site operator. The Scottish Government (2006a) noted that the current legislation could leave some mobile home owners in a vulnerable position, so the Act aims to rebalance the rights of mobile home and site owners on issues around tenancy conditions, security of occupation, and the selling of mobile homes.

1.6 Legislation on the new schedule of rights for renters of mobile home stances came into force from 28 May 2007 specifically, the Housing (Scotland) Act:

• Requires the owner of a protected site to give a proposed occupier a written agreement before an agreement on letting a stance is made.
• Amends the Caravan Sites Act (1968) (as amended by the Housing Act 2004) to define it as an offence when a person interferes with the peace or comfort of the occupier and persons living with the occupier or persistently withdraws or withholds required services or facilities.
• Ensures that condition, but not age, will be able to be taken into account when deciding whether a mobile home is detrimental to a site.
• Gives Scottish Ministers the power to amend by order the implied terms of the Mobile Homes Act 1983.

1.7 However, there was some concern that the provisions of the Housing (Scotland) Act 2006 do not go far enough for those residents who live in mobile homes on unlicensed sites who have very limited protection under the law with regard to security of tenure and the condition of their homes (Shelter, 2005). Although all sites for residential occupation should be licensed (unless they fall into an exempted category, see paragraph below), it is still the case that some people in Scotland are living on unlicensed sites - for example, perhaps tenants of private landlords. Further, because they may be living in accommodation without planning permission, they may also find themselves the subject of eviction by a local authority.

1.8 There are a number of situations where mobile homes are exempt from licensing, but the exemptions often relate to their use for reasons other than residential occupation, such as recreation. For example, crofters do not require a site license for use of land as a caravan site provided such use falls within the period 1 April to 30 September in any year and in that period there are not more than 3 caravans on the land at any one time (Crofters Commission, 2007). However, mobile homes can be used as living accommodation in gardens and driveways, as long as the occupiers of the mobile home do not form an independent household from the dwelling house (for example, this could be people living in a caravan while they build or renovate their home). Further, mobile homes are also exempt from licensing in situations where agricultural land is used as a caravan site to accommodate workers on the land (or in forestry or on a building site), for a particular season (but not throughout the year).

1.9 The situation with regard to tenants who rent their homes from private landlords is complex. The Department of Communities and Local Government (2007) refer to the situation in Scotland and suggest that if the tenant has a letting agreement after 2 January 1989, then they may be covered by the Housing (Scotland) Act 1988. A tenant with a letting agreement prior to 2 January 1989 may have a Regulated Tenancy under the Rent Acts, if they fulfil the necessary criteria. However, Shelter (2005) has drawn attention to the issue that not all mobile homes may necessarily be classed as dwellings, because they may count as movable structures, thus limiting the rights that a tenant can enjoy. Ultimately, each case may be different and the question would have to be settled by the Courts. Alexander (1992) noted that there was a seasonal dimension to this issue, with the proportion of households who rent mobile homes rising in the summer, as people move out of winter lets and into mobile homes. Gentleman and Wilkinson (1977) also found that levels of dissatisfaction with mobile homes were highest amongst those households who rented their mobile homes.

Aims and Objectives

1.10 The aims of the research were to:

• Identify the number, location and composition (including number of units, tenure and service provision) of licensed mobile homes sites throughout Scotland;
• Where possible, identify unlicensed sites and quantify the extent of isolated single units, which may be exempt from licensing;
• Explore the reasons why people are living in mobile homes and their length of residence, looking at factors that have led them into the sector, their previous housing history and their aspirations for the future, particularly their ability to access affordable housing;
• Explore the nature and extent of any issues and problems experienced by residents of mobile homes in connection with their occupation and use of the home, with specific reference to the following sub-groups:
• • Residents who own their mobile homes and let the stance from the site owner;
  • Residents who are tenants of people in the above group;
  • Residents who let their property directly from the site owner.
• Consider the extent to which any problems identified are addressed by the existing and recently implemented legislation.

Methods

Which mobile homes were included in the study?

1.11 The study aimed to include residential mobile homes located:

• on sites licensed under the Caravan Sites and Control of Development Act 1960;
• on unlicensed sites, and
• individual units used for residential purposes

The study did not include holiday/touring caravan sites. However, mixed sites with holiday caravans and mobile homes for residential use were included in the study. Further, it became apparent during the course of the research that there was considerable blurring in the way that holiday caravans were being used in some instances as people's primary residence. This issue is explored later in the report. Sites provided by local authorities for Gypsies/Travellers were not included in the study, as these sites are covered by different legislation, and have been the subject of other research (see Communities Scotland, 2006). However, privately owned Gypsy/Traveller sites were included in the calculation of the total number of residential mobile homes, since these are covered by the Mobile Homes Act 1983.

The number of residential mobile homes in Scotland

1.12 Three sources of data were used to derive an estimate of the number and location of residential mobile homes in Scotland. These sources included:

• Analysis of 2001 census data;
• A postal survey was sent to local authorities in March 2006 requesting information on caravans/mobile homes in their area, and 31 out of 32 local authorities responded (see Appendix One for a copy of the survey).
• Where possible, data on the location of sites and numbers of pitches were identified from directories and websites:

Individual mobile homes

1.13 One aim of the research was to quantify the extent of isolated mobile homes that were not located on licensed parks. A case study approach was used to investigate the incidence of individual mobile homes. Localities within the three case study authorities of Argyll and Bute, Highland and Midlothian were identified, and a more detailed investigation of these areas was conducted. The local authorities were chosen to reflect a range of urban and rural characteristics. Table 1.1 shows the localities that were included in the research.

Table 1.1 Localities investigated to quantify the extent of individual mobile homes

Case Study Authority	Locality
Argyll and Bute	Tiree Ardfern Ross of Mull
Highland	Ardnamurchan Skye Glenelg and Arnisdale
Midlothian	Gorebridge

1.14 Three sources of data were used to quantify the number of individual mobile homes within these localities:

• 2001 Census
• The Valuation Roll
• Information drawn from local informants within the case study areas.

1.15 Since the 2001 Census was available at very local level (output level) it was possible to identify the presence of individual units. The Council Tax valuation list, available on the Scottish Assessors Association website ( www.saa.gov.uk), recorded caravans that were currently being used for residential purposes. Caravans that were either vacant, or being used for business purposes, such as holiday lets, were identified separately in the Business Rates. Information was also drawn from local people, including representatives of community councils, Community Development Trusts, Community Development workers and data from agencies such as the Highlands Small Communities Housing Trust, and the Rural Housing Service.

The views and experience of residents of mobile homes

1.16 Semi-structured qualitative interviews were conducted with 50 residents of mobile homes (see Appendix Two for the topic guide for residents). Forty interviews were conducted with park home residents who lived on licensed sites. Letters inviting participation in the research were sent to a random sample of households within the case study areas. Letters contained a reply slip and a freepost envelope. These addresses were identified using the Scottish Assessor's Association website.

1.17 A purposive sample was also used to identify respondents living in park homes on licensed sites. Letters inviting participation in the research were sent out to residents of park homes via the National Association Park Home Residents, who may have experienced some difficulty with their park home or site owner. Respondents on the licensed sites were also drawn from park homes on sites listed in the Residential Home Parks Directory, issued by the British Holiday and Home Parks Association. In addition, ten residents of individual mobile homes, outwith licensed sites, were also interviewed as part of the research.

1.18 Thus, it is important to stress that the fifty residents cannot be taken as a representative sample of all mobile home residents in Scotland. Instead, the qualitative analysis allows the experiences and views of the respondents to illustrate a range of issues about living in mobile homes. However, care must be exercised in drawing inferences about all people living in mobile homes on the basis of findings which relate to the range of different sub-markets of mobile home residents, such as park home owners living on licensed sites, or residents living in individual, unlicensed mobile homes. Where relevant, the report makes a distinction between the different sub-markets which make up the mobile home sector in Scotland. One gap in the research was the situation regarding people who live in mobile homes that was tied with employment, including migrant workers. Further work would be necessary to explore the views and experiences of these households.

1.19 The respondents included households who owned their own home, and rented the stance from a park owner and households who rented their homes. However, no respondents were identified in this research who were tenants of residents who owned their home and rented the stance from a park owner.

Report Structure

1.20 Chapter Two provides an overview of residential mobile homes in Scotland. The chapter examines the number of residential mobile homes, and describes the characteristics of households who live in the sector. The chapter then moves on to assess the extent of individual mobile homes in the three case study areas of Highland, Argyll and Bute and Midlothian. Chapter three explores the views and experiences of households who live in mobile homes, both in park homes on licensed sites and individual units. Chapter four focuses on residents who live in park homes on licensed sites and discusses the views of respondents across a range of issues connected with living in a park home, including the efficacy of current legislation. Chapter five draws together the main conclusions of the report, and aims to inform policy developments by identifying possible areas where further action might be required.

1.21 The report used a number of different terms for mobile homes in order to draw a distinction between their location, and the legislation that covers mobile homes in different circumstances. The report used the term 'park home' to describe mobile homes on licensed sites, which are covered by specific legislation. Although 'park homes' are not a term generally used in the Scottish context, it was felt important to make a clear distinction between mobile homes on licensed sites and mobile homes generally, including mobile homes located on unlicensed sites. Further, whilst residents of mobile homes on licensed sites in this research were not asked specifically about how they liked their homes to be described, a couple of respondents did note that they preferred their dwellings to be referred to as 'park homes'.

1.22 Isolated units, not located on licensed sites, were described as 'individual mobile homes' in this report, rather than single units to avoid any confusion with references to the size of mobile homes, which can be termed single units or double units. The report used the universal term 'mobile homes', when describing all mobile homes in Scotland, whether on licensed sites or not.