The Scottish Government recognises the important role that residential mobile home living plays in the owner-occupied sector in Scotland. However, there is increasing evidence that the legislation needs to be strengthened to protect the welfare of residents.
Accordingly, on 1 September 2013 the Scottish Government introduced legislation to update the implied terms in the Mobile Homes Act 1983, to improve standards of management on sites where people live permanently. The changes give mobile park home residents a right to enjoy their home without unnecessary interference, and abolished the need to have a site owner’s approval before a permanent park home resident can sell their mobile home.
Our leaflet, published in August 2013,-A Guide for Mobile Home Owners in Scotland – Your Rights and Responsibilities – summarises the changes to residents implied terms. The implied terms govern agreements between residents of mobile homes and the owners of the mobile home sites. In 2012 the Scottish Government conducted a separate public consultation seeking views on proposed changes to some of the implied terms in the Mobile Homes Act 1983. The findings from this consultation are also published:
Power of local authority to attach conditions to a permanent residential site licence. Section 5 (6) of The Caravan Sites and Control of Development Act 1960 provides that Scottish Ministers may, from time to time, specify Model Standards for the layout of, and the provisions of facilities, services and equipment for residential park sites. In deciding what conditions to attach to a site licence the local authority is to ‘have regard to’ any standards so specified.
The Scottish Government are working with local authority representatives to revise the existing Model Standards to align with the changes we are making to permanent mobile home site licensing regime.