ASA Adjudication on Welch Homes Ltd

Ad

A TV ad, for Welch Homes, featured scenes of Park Village Crieff and the surrounding countryside. The voiceover said "There is an oasis of peace and tranquility, exclusive to the over fifties. Nestling in the beautiful Perthshire countryside, Park Village in Crieff has a limited number of elegant homes for sale. Set in their own private grounds, these affordable homes provide the perfect getaway. Safe and secure, you can just relax and live life to the full. Take the first step to a new way of life and call Welch Homes or just visit our website". A telephone number and website address appeared on-screen during the ad.

Issue

A viewer believed the ad was misleading because it did not make clear that the homes were classified as mobile homes, and he believed owners were not permitted to use them as their permanent residence.  He believed the voiceover "... set in their own private grounds ..." implied the homes were freehold, which was not the case.  

Response

Black & White and Welch Homes said the ad stated visually and verbally that the homes were in a park village. They did not believe the claim "private grounds" implied the properties were freehold.  They said the ad referred to the properties as "homes" which they believed had a clear meaning of where someone lived, instead of "houses" which meant a building where someone lived.

Welch Homes provided a Certificate of Lawful Use issued to the previous owner (Crieff Holiday Village) in 2003 and a caravan site licence of 2005 granted by Perth and Kinross Council under the Caravan Sites and Control of Development Act 1960, to show that the land on which Park Village was situated, could be used as an all-year caravan park and the site could remain open throughout the year.  They further contended that the Certificate and licence contained no restrictions on the occupancy of any pitch, and the owners of each caravan could retain their unit on the site year after year or remove it as they saw fit.

They said some Park owners were on the Electoral Roll and also paid Council Tax.  Each paid an annual licence or pitch fee and a contribution to the maintenance of common facilities and services.  

The Broadcast Advertising Clearance Centre (BACC) said that, when they approved the ad, they had not been told that there was an issue over whether the homes were permanent and were able to be lived in all year round.

Assessment

Upheld

The ASA noted the ad mentioned that the homes were situated in a park village and would provide the "... perfect getaway ...".  However, we considered that other references, such as "elegant homes for sale", "affordable homes", "safe and secure, you can relax and live life to the full" and "take the first step to a new way of life", gave the impression that the properties, whether freehold or leasehold, were intended as permanent homes.  We noted that, in the ad, the platforms on which the homes rested were obscured by the advertiser's contact details.  We also noted the licence and certificate provided by Welch Homes stated that the site itself could officially be used throughout the year, but did not show that owners were allowed to live in the properties all year round.  It referred to a "Holiday Village" and described the site as an "all year Caravan Park including two self catering stone built Chalets, Reception/Shop, TV Room, Games Room, Laundrette [sic], Toilet/Shower Block with 96 caravans and 10 tent sites".   

We took legal advice on the relevant Scottish law and understood that whilst the position might vary from one caravan to another, at the time the ad was broadcast, it was legally uncertain that the Certificate and the licence authorised use by individual owners on an all year round basis as their permanent and only residence.  We understood that Perth and Kinross Council had issued and withdrawn one enforcement notice in respect of the site but would no longer be taking further enforcement action.  We also understood that the residents could now use the caravans as their permanent residences, although they would not have the same scope for permitted developments as other homeowners.  Nonetheless, we considered that viewers would be unlikely to understand the type of property being offered from just the shots of the homes and concluded that, at the time of the broadcast, the ad gave a misleading impression as to the nature and security of ownership and tenure of the properties.   

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.2 (Implications) and 5.2.3 (Qualifications).

Action

The advertising must not be broadcast again in its current form.

Adjudication of the ASA Council (Broadcast)