Seanad debates

Tuesday, 17 November 2020

Nithe i dtosach suíonna - Commencement Matters

Consumer Rights

10:30 am

Photo of Fintan WarfieldFintan Warfield (Sinn Fein) | Oireachtas source

I thank the Acting Chairman. I also thank the Cathaoirleach for eventually selecting this matter, which has been submitted every week since we resumed this term. I am glad to finally seek action on the issue of mobile home caravan parks and, in particular, the need for regulation and legislation that would ensure fit-for-purpose contracts between mobile home park operators and those who rent or lease pitches from them.I was contacted by a constituent during the summer who faced issues with their contract. After 18 years, the mobile home caravan park stated that the caravan was no longer fit for purpose, despite being insured. That was just one of a number of issues raised by this constituent. To lift the lid on the issue, I launched a survey to get a better sense of it and I could not believe some of the stuff that came back. More than 200 people responded to the survey. Most heard of it through a Facebook advertisement I published. Some 89% of respondents have a contract, 42% have had a negative experience with the owner of the park regarding their contract, 95% have no residents' association in their park and 88% think regulations and legislation should be introduced.

I refer to some of the issues raised regarding contracts, which are so vague that ad hocrules relating to noise, pets and curfew are sometimes used as an excuse to threaten eviction. Owners are forced to upgrade their mobile homes after X number of years, even though the home might be okay, but they must buy from the owner directly. Some contracts seem to ban formation or participation in residents' associations.

Regarding upkeep, no tenants' association is allowed. Each individual must approach the operator to discuss a problem regarding the individual contract. It is easy for the operator to say it fulfils everything written down in a short contract.

On fees, particularly in this Covid-19 year, respondents said full fees were charged for a much-shortened opening season, fees increased every year with no upgrade of site or facilities and some said fees should be tied to set out guaranteed opening times of the season. Some people called for a built-in buy-back clause and said it was so bad they ended up accepting almost anything in the contract.

On closer inspection of the issue, more broadly in the North, the Executive introduced a Caravans Act in 2011, which is a shared responsibility between the Department for Communities and the Department of Finance.It is a simple Act that ensures the particulars of the agreement. Under the agreement, for instance, the owner of the caravan site must give the proposed occupier a written contract which states various things. In addition, it must employ terms on consultation with occupiers' associations. The owner, therefore, shall consult a qualifying occupants' association, if there is one, on all matters that relate to the operational management of or improvements to the caravan site which may affect the occupants either directly or indirectly. That is my stad. I will wait for the Minister of State's reply.

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