Council Guidance
To be sure that the relevant person is a fit and proper person to manage the site, and to add them to the register, The Council will consider:
- the owners past compliance with the site licence
- the long-term maintenance of the site
- whether the person has a sufficient level of competence to manage a site
- the management structure and funding arrangements for the site or proposed management structure and funding arrangements
We also consider whether the relevant person:
- has the right to work within the UK
- has committed any offence involving fraud or other dishonesty, violence, arson or drugs or listed in Schedule 3 to the Sexual Offences Act 2003 (offences
attracting notification requirements) - has 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 - has contravened any provision of the Equality Act 2010 in, or in connection with, the carrying on of any business
- has harassed any person in, or in connection with, the carrying on of any business
- has had an application rejected by any other local authority
- is or has been personally insolvent within the past 10 years
- is or has been disqualified from acting as a company director within the last 10 years
We will also consider the conduct of any person associated or formerly associated with the relevant person (whether on a personal, work or other basis), if it appears that person’s conduct is relevant.
We will also consider any evidence/information on any other relevant matters.
Information for Residents
From 1st October 2021 a site owner must be a fit and proper person to lawfully operate a park home site or have a fit and proper site manager in place, unless the site is exempt.
What is the Fit & Proper Person Test?
The Fit and Proper Person Test is an assessment carried out by the local authority to assess the suitability of site owners or their managers (“relevant person”) to manage a park homes site.
After carrying out the assessment, the local authority must be satisfied that the site owner is:
a fit and proper person to manage the site;
or, (if the site owner doesn’t manage the site) that the person appointed to be the manager is fit and proper to do so.
When do the new regulations come into force?
The regulations will be brought into force in two stages:
Stage one will give local authorities in England until 1st July 2021 to prepare to receive applications from site owners (or “occupiers”), establish their processes for making and issuing decisions, and establish a fit and proper person register for their local area.
Stage two will provide 3 months from the end of Stage 1 for site owners/licence holders to submit completed applications to local authorities. The deadline for applications is 1st October 2021.
Once the regulations have been brought into force all site owners/managers will be required to be included on the local register of fit and proper persons.
Where can I find the relevant law?
The relevant law is contained in the Mobile Homes (Requirement for Manager of Site to be a Fit and Proper Person) (England) Regulations 2020.
Will the test apply to all sites?
The new regulations apply in England to fully residential or mixed use sites. They do not apply to holiday-only sites or non-commercial family occupied sites. In Wales similar rules have been in force since 2014.
A park home site is exempt if it is “a non-commercial family-occupied site”. That is one only occupied by members of the same family and that is not being run on a commercial basis.
What must a local authority do now?
The local authority must set up an applications procedure by 1st July 2021, and compile and maintain a register for all relevant protected sites in their area by 1st October 2021.
What must a site owner do now?
The site owner must apply to register with the relevant Local Authority once the application window opens on 1st July 2021.
What does the test cover?
‘Fit and proper’ is not defined in law, however the local authority must have regard to the following factors when carrying out the assessment:
- Whether the relevant person can properly manage the site and comply with site licence conditions
- The experience of the person, management structure and financing of the site
- Whether the manager or owner has committed any criminal offences of fraud, dishonesty, arson, violence, drugs or certain sexual offences.
- Whether the relevant person has breached any laws relating to housing, landlord and tenant, public health, environmental health or planning law
- Whether they have breached any provisions of the Equality Act 2010 or committed an offence of harassment.
- Whether they have become insolvent or disqualified as a company director in the past 10 years
- Whether they have the right to work in the UK
- And whether they are a member of a redress scheme
The Local Authority may have regard to whether any of 3-6 above apply to an associated person or company linked to the relevant person.
If a resident thinks a manager is not fit and proper, will the Local Authority take this into account?
The Local Authority may consider other evidence in their assessment, including evidence from residents. However, this is a power not a duty.
What if a site owner or manager fails the test?
If the site owner/manager fails the test they will be given the opportunity to identify and appoint a suitable alternative manager. If they are unable to do this the local authority will consider whether it is possible to appoint a person to manage the site, with the site licence holder’s consent.
Where an application is rejected, the name and address of the site will be included on the register but not the person’s name or business contact details. Like other registers, local authorities will be required to make the register available to the public and online.
If the site owner is not happy with the outcome of the test they can appeal to the First-tier Tribunal (Property Chamber) against a decision to:
- to include the relevant person on the register for a period less than 5 years
- any condition attached to inclusion on the register
- any rejection of an application for inclusion on the register
What if the manager is not fit and proper?
Operating a site in contravention of the regulations is a criminal offence, for which a person would be liable on summary conviction to an unlimited fine. It is also an offence for an occupier to withhold information from or include false or misleading information in a registration application.
A Local Authority can apply to the FTT for a site licence to be revoked where there has been a contravention of the regulations by the licence holder. A court that has convicted a relevant person of an offence under these regulations can also revoke a site licence where the person has been convicted of two or more previous breaches for the same site.
What if there is a delay in a Local Authority assessing the application?
A site owner who has made application in accordance with the regulations will be able to continue to operate the site until the application has been determined by the Local Authority.
What powers does this legislation give the general public?
Anyone can inspect the register in person during office hours and online to see if a site owner/manager is fit and proper
Can the Local Authority charge a fee for applications?
Yes. The regulations allow the Local Authority to charge a fee once they have published a fees policy.
Can the fee be passed on to residents through the pitch fee?
This is not yet clear. There is a rebuttable presumption that the pitch fee only rises via RPI at the annual pitch fee review. However, the Implied Terms allow the addition to the pitch fee of an increase in management costs caused by a change in the law since the last review date.
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