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A fair contract for UK residential berth holders

noone

By noone
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noone Community Regular

noone

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F.Y.I.

Received from N.B.T.A.

Although it is not the NBTA’s core mission, we support the struggles of boat dwellers who live on moorings. The residential berth holders at Hartford marina on the River Great Ouse are fighting eviction notices sent to three residents. They are raising money for a legal challenge that could create better conditions for all residential berth holders in the UK, most of whom do not have any security of tenure.

If you would like to contribute, please see https://www.crowdjustice.com/case/a-fair-contract-for-uk-residen/

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noone Community Regular

noone

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2 minutes ago, TheBiscuits said:

 

Their website says the marina doesn't have any residential berths ...

This is the boaters case...From their web page:

A Marina in Cambridgeshire has 45 berth holders living on floating caravans and lodges as well as mooring for vessels including narrow boats and cruisers.  Approximately 100 people live on the Marina as their permanent residence and the majority pay council tax.

The Marina owners purchased the Marina 4 years ago, knowing full well that there were residential berth holders, some of which have a CLEUD (Certificate of Lawfulness for an Existing Use of a Development) granted by the District Council which means the property is occupied as a sole or main residence and not just as holiday accommodation.

In spite of several requests over the years, the owners refuse to give the residential berth holders a proper residential contract stating “we are not a residential marina”.  They insist on giving us a mooring agreement which applies to vessels only stating that they can give us 28 days’ notice to leave if they so desired.

They have now given notice to three berth holders, two residential and one second home owner stating that the pontoon to which the individual dwellings are attached is beyond economical repair and they now must leave.  For the residential berth holders this is their home, their only asset and the Marina will ostensibly make their dwelling worthless and the berth holders homeless.

We collected enough funds to instruct a solicitor and two barristers, one with experience in Land and the other Consumer Rights to give us advice.  They feel that we have a strong case as we come under the Mobile Home Act and therefore are protected with security of tenure and also protected under consumer legislation as to an unfair contract.  Our solicitor wrote to the Marina owners giving them until the 17th November 2020 to respond, asking for mediation.  They have responded denying our claim.  Without any statutory structure or change in UK legislation for Marinas as a whole, all residential berth holders throughout the country are vulnerable.  This, we feel, is going to go all the way to Court.

 The Marina owners have a very large pot of money to fight these cases, we don’t, this is why we are asking for crowd funding to argue our case.  There are many residential berth holders all over the country who do not have security of tenure and all we ask is for a fair contract which is not loaded in favour of the Marina owners. 

If you feel you could help us, then please donate to enable us and residential berth holders all over the UK to have a secure future with a fair deal. Thank you so much in advance for your support.

 

 

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Alan de Enfield Veteran II

Alan de Enfield

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36 minutes ago, Leggers do it lying down said:

This is the boaters case...From their web page:

As an owner of a 'Mobile Home Park' I very much doubt that they can take any action under the Mobile Home Act, as it specifically defines what a Mobile Home is, and I'm pretty sure these do not comply.

 

The other aspect is that irrespective of some of the individual units having CLEUD (grandfather rights) if the marina itself does not have planning permission for residential use theyn they cannot advertise that they allow Residential use.

It sounds as if the previous marina owners have a llowed a 'bit of a mess' to develop and the new owners are trying to get everything in line with what their planning permission allows (presumably leisure use only).

Edited by Alan de Enfield
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TheBiscuits Veteran II

TheBiscuits

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5 minutes ago, Leggers do it lying down said:

In spite of several requests over the years, the owners refuse to give the residential berth holders a proper residential contract stating “we are not a residential marina”.  They insist on giving us a mooring agreement which applies to vessels only stating that they can give us 28 days’ notice to leave if they so desired.

They have now given notice to three berth holders, two residential and one second home owner stating that the pontoon to which the individual dwellings are attached is beyond economical repair and they now must leave.  For the residential berth holders this is their home, their only asset and the Marina will ostensibly make their dwelling worthless and the berth holders homeless.

 

An explicitly non-residential mooring on somebody else's property is not usually considered an asset!

 

Surely the boat is their dwelling and home, so if it is indeed worthless that's not really down to the marina ...

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Alan de Enfield Veteran II

Alan de Enfield

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21 minutes ago, TheBiscuits said:

 

An explicitly non-residential mooring on somebody else's property is not usually considered an asset!

 

Surely the boat is their dwelling and home, so if it is indeed worthless that's not really down to the marina ...

 

If the 'mobile home' is mobile then if they are evicted they can take it elsewhere (to a marina with residential moorings) and retain the value of their asset.

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enigmatic Rising Star

enigmatic

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25 minutes ago, TheBiscuits said:

An explicitly non-residential mooring on somebody else's property is not usually considered an asset!

 

Surely the boat is their dwelling and home, so if it is indeed worthless that's not really down to the marina ...

I believe they're floating lodges without engines. There's one on the market for 80k if anyone's feeling brave

https://www.zoopla.co.uk/for-sale/details/55146760

 

Looks like this association even won a court case against the EA to rule that some marina occupants were not required to pay for boat licenses due to being incapable of navigation.  Not sure if a boat and a rope solves that issue, but I'd imagine the locks on the Great Ouse would limit that movement considerably.

 

Purchasing an immovable asset from a marina that apparently has no obligation to allow it to remain there never mind maintain pontoon access does sound like madness, but it sounds like even the owners whose residential status is legit have something to worry about there...

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Mike Todd Veteran

Mike ToddDonate to Canal World

Posted
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The CLEUD simply states that the use of the mooring for residential use is permitted, it does not say that it is required or the only use of that mooring. More particularly it does not grant right to that usage, only that if they are allowed to reside there then it is permitted. It is not, on its own, a right of residency. (IANAL)

 

If it is correct that there are 100 permanent residents in the marina then it is interesting to note that only three have been served notice. Pour encourager les autres? I am not sure how the state of the pontoon has a lot of bearing on the right of the marina to serve notice. It certainly suggests that the marina's lawyers are confident that the three occupiers do not have a permanent right to reside, otherwise there might be a duty to repair the mooring. Drawing attention to its state would not be good idea if there were permanent residency!

 

If, as NBTA state, the marina have a large legal fees budget (which I would doubt) then they will have had some pretty good advice for their action and it is likely to be only a part of a longer term strategy. As has already been suggested, the new owners are probably trying to take the marina somewhat upmarket.

 

However, this estate agent entry does suggest a more complex situation. It clearly states that this particular 'boat' has full residential status and facilities to match.

 

As with so many of these cases, I guess there is rather more to this story than the NBTA press release!

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pearley Veteran

pearley

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We've moored on Hartford over winter. AFAIK the planning permission was a pigs ear  Some years ago a number of people living on the floating homes (caravan bodies on pontoons) were given permission to be resident but was personal to them. Some of these have changed hands, indeed we looked, briefly, at buying one. We enquired about mooring and were told as long as we cruised for some months of the year it was ok, so not actually residential.

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frangar Veteran II

frangar

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Anything involving the Baton Twirlers I tend to ignore as they cant even be bothered to have boats to cruise....but they are very keen on a free ride at someone elses expense from what I can see....As a live aboard myself they have no right to claim to represent me!

Edited by frangar
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GUMPY Veteran II

GUMPYDonate to Canal World

Posted
Posted (edited)
18 hours ago, pearley said:

Some years ago a number of people living on the floating homes (caravan bodies on pontoons) were given permission to be resident but was personal to them.

This is the major thing. There was no residential PP granted when the lodges appeared, hence the above limited lawful use which was only granted after enforcement by HDC.

Edited by Loddon
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David Mack Veteran II

David MackDonate to Canal World

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If this case wins any significant points, suggesting that residential boats do have some security of tenure, then we are pretty quickly going to find marinas and boatyards that allow residential moorers 'under the radar' toughening up their position, with the result there will be fewer residential moorings available in total.

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frangar Veteran II

frangar

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8 minutes ago, David Mack said:

If this case wins any significant points, suggesting that residential boats do have some security of tenure, then we are pretty quickly going to find marinas and boatyards that allow residential moorers 'under the radar' toughening up their position, with the result there will be fewer residential moorings available in total.

Very true. But the “I know my rights” brigade don’t think of the bigger longer term picture...and besides are usually only interested in what benefits they can get as they are only interested in boats so they can live as cheaply as possible or indeed get someone else to pay for them. 

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Graham Davis Veteran

Graham Davis

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14 hours ago, matty40s said:

Instead of crowd funding a court case, why dont the NBTA crowd fund a pontoon repair.

Probably achieve far more, far quicker, and mean that money doesnt get wasted on the legal people who have far too much money anyway.

Because they aren't interested in that sort of thing. That might actually mean they might have to do some work.

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pearley Veteran

pearley

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12 hours ago, Leggers do it lying down said:

If they can afford a "residential" mooring in Cambridgeshire.They can pay their own legal fees as far as I am concerned!.?

The mooring fee for the houseboats is around £4500 which includes the 'right' to moor a proper boat alongside.

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