13 SECURITY OF TENURE
174. Gypsy and Traveller site pitches are let on
a licence rather than a tenancy. This in itself is contentious
with Gypsies and other Travellers and their supporters. As licensees,
site residents enjoy less security and fewer rights than council
tenants. At best, site licensees have security of tenure granted
by the Caravan Sites Act 1968 which gives basic protection from
eviction without 28 days notice. If appropriate notice is given,
a court must grant possession which may legally be sought without
any specific grounds.[239]
One of the most repeated themes in the evidence from Gypsies and
Travellers was concern about security of tenure. Tom Sweeney,
Co-Chair of the Irish Traveller Movement Britain told us:
"Travellers and Gypsies do not have the
same security of tenure as house dwellers. They are not included
in current housing legislation, and site residents have a license
agreement rather than a tenancy. On some sites licensees are given
as little as 28 days (notice to leave the site), on the Westaway
site in Kensington where I live, my license states that I can
be given as little as 7 days notice. My license states that my
caravan must be in working order and towable. This creates for
me and my family a real lack of ownership in our site, we feel
like we are under continual probation. Our home does not feel
like a home. I have lived on my site for fourteen years and have
been engaged in a whole range of charity and community work with
bodies like the catholic Children's Society. I have put something
into the community but what has the community given Travellers
like me in return?"[240]
Security of tenancy on Gypsy and Traveller sites
has been considered in several court cases. Most recently, on
27 May 2004, the European Court of Human Rights found against
the UK in Connors v UK. In oral evidence the department told us
they are considering their response:
"You will know that the European Parliament
found against us in Connors versus UK on security of tenure issues.
The current security of tenure on Gypsy and Traveller sites is
not comparable with security of tenure in social housing and it
is not comparable with security of tenure on park homes. We are
considering our options. I have alluded to the two main options
that there might be and we need to respond to the European Committee
and let them know the direction that we wish to take. We have
a six month deadline in which to respond to the Committee."[241]
175. Chris Johnson of the Traveller's Advice team
at the Community Law Partnership submitted evidence criticising
the decision by the department to refer the matter to the Law
Commission:
"Passing this matter to the Law Commission
will only (and unnecessarily) increase pressure on local authorities
(and public finance in general). The (responsible) housing lawyer's
response to a Gypsy or Traveller client who is (post May 27th)
facing eviction from an official local authority site will be,
if the local authority do not hold back from court action, in
almost all cases, the lodgement of an immediate Judicial review
application. […]. Such actions will inevitably threaten to
grind to a halt local authority management procedures on official
sites. I suggest that this is to the benefit of no one."[242]
However some argue that site managers must have the
power to evict Gypsies and Travellers quickly if conflicts develop
between family groups. Hughie Smith, President of the Gypsy Council
(Romani Kris) argues:
"[…] if on the other hand an encampment
has led to demonstrable complaints about theft, vandalism, fly-tipping,
or other forms of anti-social behaviour then an eviction would
- in my opinion- be justified. However, even in these circumstances
I would advise caution in that evidence would need to be obtained
prior to a local authority acting and that evictions should not
simply take place on the complaint of someone who may him/herself
be biased against Gypsies."[243]
176. Gypsies and Travellers are keen to secure
better security of tenure, which would mean they would be given
longer notice periods if asked to leave a site. A recent European
Court ruling suggests Gypsies and Travellers on local authority
sites will gain greater security of tenancy. We recognise that
many Gypsies and Travellers may have been resident on permanent
sites for long periods, and accept that minimal notice periods
are unjust. However, managers of sites must be able to move people
on quickly if conflicts emerge. We are concerned that the recent
European court ruling, and decision of ODPM to refer the matter
to the Law Commission may place local authorities and Gypsy/Traveller
site managers in a difficult position should evictions become
necessary before the issue is clarified. We recommend that ODPM
immediately issue legal advice to all local authorities.
239 Centre for Urban and Regional Studies at the University
of Birmingham, The Provision and Condition of Local Authority
Gypsy/Traveller Sites in England, 2002, pg 26 Back
240
Letter to Select Committee (not printed) Back
241
Q 378-9 Back
242
Ev 45 [Travellers Advice Team, Community Law Partnership] Back
243
HC 63-III, Ev 67, [Hughie Smith, President of the Gypsy Council
(Romani Kris)] Back
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