About time too

We are still waiting for the Government to announce when they will finally bring into force the terms of the Mobile Homes Act 1983 on local authority Gypsy/Traveller sites and thus, for the first time since such sites were set up, introduce security of tenure on those sites.  Other important terms and conditions will also be introduced.  There will additionally be other matters that will inevitably link in to this important development.  For example, the pre-action protocol for possession claims based on rent arrears applies to residential possession claims by social landlords where there is security of tenure.  Once the Mobile Homes Act 1983 is in force on local authority sites, this protocol will apply on those sites.  The basic thrust of the protocol is that court action should be very much a last resort.   

As well as things like this protocol, there are other issues that will need to be resolved.  There is a whole part of the Housing Act 1996 (Part VI) that deals with the question of allocation of council housing.  There are no statutory provisions as to allocation of pitches on local authority Gypsy/Traveller sites and this will be another issue that will have to be resolved.

 It is hoped that the Government are not going to take too much longer to introduce the necessary provisions with regard to bringing the Mobile Homes Act 1983 into force.  After all it is over five years since Mr Connors won his case in the European Court of Human Rights when that Court indicated that evicting a Gypsy or Traveller from a local authority site without allowing them to properly defend the matter was a breach of Human Rights. 

Chris Johnson

The Travellers Advice Team at Community Law Partnership operates a Community Legal Advice funded telephone helpline (0845 120 2980) which operates from 10am-1pm and 2pm – 5pm Monday to Friday.

Thanks to the TAT administrator, Emma Westwood, for organising these blogs.