Welsh Govt looks to improve security of tenure for Gypsies and Travellers

The Welsh Government is consult on proposals to improve security of tenure rights for Gypsies and Travellers and protect them from unfair eviction from local authority sites.

Under the proposals, such residents would enjoy the same level of security of tenure as other Welsh residents of mobile home parks.

The consultation also puts forwards changes to the terms that residents of local authority Gypsy and Traveller sites can expect when living on these sites. These include:

• clarity over the procedure for repairs;
• changes to the jurisdiction for resolving disputes;
• regulating pitch fee changes; and
• rules relating to how pitch ownership can change hands.

The consultation document specifically seeks views on: whether some of the provisions of the Mobile Homes Act 1983 need to be amended for local authority Gypsy and Traveller sites; how to move from a position where existing residents have licences under the Caravan Sites Act 1968 (CSA) to agreements under the MHA; and the other transitional provisions that may need in applying some of the provisions of the MHA to existing residents.

Under the CSA, in order to evict a Gypsy or Traveller from one of their sites, a local authority need only give 28 days’ notice to terminate the licence.

If the resident does not leave, the authority can seek a possession order from the court. The court does not have the opportunity to consider the reasons for the eviction and, if proved, consider whether it is reasonable to grant the order.

Equalities Minister Jane Hutt said: "We want to change the law in Wales to make sure that Gypsies and Travellers are protected from unfair eviction from their homes. We plan to make councils fully explain to the court why they think a Gypsy or Traveller should be evicted from one of their sites. If the court disagrees, the family won’t be evicted.

"By strengthening the rights of Gypsies and Travellers we can make sure that Gypsies’ and Travellers’ Human Rights are protected and that they are not unfairly evicted. We are also making sure that councils are able to manage sites well, so that everyone who lives on these sites is treated fairly."

A copy of the consultation can be viewed here.