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DCLG extends tenancy rights for travellers, increases council powers

The government has confirmed its intention to press ahead with plans for improved tenancy rights for travellers living on authorised council sites, but also the introduction of stronger powers for local authorities to deal with those who abuse the planning system.

The Department for Communities and Local Government has said that “those travellers who play by the rules will get more protection against eviction, putting them on an equal footing to those living on other residential caravan sites or in council houses”.

The DCLG said the proposed changes would:

  • Allow local authorities to take swift action against travellers flouting the rules of their tenancy agreements
  • Mean less risk of a legal challenge to councils’ attempts to obtain possession orders, and
  • Enable councils to safeguard pitches for travellers “who cannot afford to pay for a private pitch and and who might be otherwise forced to camp on unauthorised sites, by not allowing tenancies to be automatically passed on when a caravan is sold or given to family members”.

The proposals will see the commencement of s. 318 of the Housing and Regeneration Act 2008. The change will see the Mobile Homes Act 1983 apply to local authority gypsy and traveller sites, extending tenancy rights.

Communities Minister Andrew Stunell said: "This is about redressing the balance, putting travellers and the settled population on a level playing field and bringing fairness back to communities. The message is clear whether you live in a caravan or a bricks and mortar house, if you are a law-abiding citizen you have a right to have safe place to live.

"But rest assured, we will not stand by and let people flout the planning rules that everyone else abides by, which is why we will strengthen the powers that councils have to take action against those who abuse the planning system."

The DCLG said the changes were part of a programme to improve relations between travellers and the settled communities. It cited the abolition of regional strategies as another element of this strategy, suggesting it meant councils could now decide for themselves how many traveller pitches are necessary in their area.

Ministers have also announced that new authorised traveller pitches “will be treated on an equal footing as new bricks and mortar homes, with councils getting financial benefits for building authorised sites where they are needed”.

Measures to increase planning enforcement powers – to enable councils to “tackle more effectively unauthorised developments and unscrupulous private developers” – will be included in the Localism Bill this autumn.