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Mooring tenancy

Kalapattar

By Kalapattar
in General Boating

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Alan de Enfield Veteran II

Alan de Enfield

Posted
Posted
Just now, Kalapattar said:

Hi! I’d like to pass on my mooring one day to my partner and our daughter and like to know how I would go about doing this please?

 

Is your mooring freehold, or, are you paying rent ?

 

Very, VERY, VERY few moorings even have any security of tenure and they certainly cannot be 'passed on' (I think there are moorings around Oxford that possibly can be)

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Alan de Enfield Veteran II

Alan de Enfield

Posted
Posted
Just now, Kalapattar said:

It’s a residential mooring 

 

That makes no difference, unless you own the freehold, the vast majority of moorings have absolutely no security of tenure - you can be thrown off at a moments notice.

It is nothing like renting a house / flat, you have no rights at all to the mooring.

 

Who is your mooring provider ? (C&RT, a local Farmer, a Marina etc etc)

 

I'm sure that it will all be in your contract.

 

 

Just one example off Google :

 

'No real security': why don't houseboat residents get rights like other tenants? | Cities | The Guardian

 

It is a situation faced by most houseboat communities, who may own their boats but not the moorings, and therefore have no legal right to stay. Unlike owners of houses or apartments, houseboat owners have no security of tenure: although they pay council tax, energy, water and insurance bills, they do not have the same statutory rights as other tenants. As a result, they have little redress when the owners of moorings propose to increase fees or develop the site.

“Over many years, layers of statutory regulation have protected residential tenants from what would otherwise be a very unequal relationship by granting them rights against their landlord or by limiting the landlord’s rights as owners of the home,” explains Amanda Burge, head of dispute resolution at international law firm Hamlins. “The legal relationship when a boat owner moors a boat at a mooring is usually a completely different one and so the statutory regulation simply does not apply.

“The situation faced by houseboat owners is not dissimilar to the one faced by mobile home residents – but while there is legislation designed to provide some protections to them, there is nothing at all that is designed to apply to residential houseboats.”

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TheBiscuits Veteran II

TheBiscuits

Posted
Posted
1 minute ago, Kalapattar said:

CRT own the mooring. 

 

https://www.watersidemooring.com/media/Terms/Mooring-Agmnt-Ts-and-Cs-March-2016-FINAL-new-logo.pdf

 

4.6 Your right to moor at the Mooring Site is personal to you. You cannot transfer your right to moor to any person in any circumstances.

 

4.7 In the event of your death, a person that has been using the Mooring together with you, and who satisfies us that they are your spouse or civil partner may request from us permission to continue to use the Mooring for the unexpired Mooring Period. We will give permission in response to such a request, if we are satisfied in relation to your spouse or civil partner, and where applicable in relation to you (up to the date of your death) that:

 

(i) no money is owed to us or to the Canal & River Trust, including but not limited to in respect of Mooring Fees, Boat Licence fees, boat removal costs, damages or any other associated costs;

(ii) the spouse or civil partner has passed independent credit checks if we consider it reasonable to carry out a credit check;

(iii) in relation to any Boat the spouse or civil partner is or becomes owner or lawful keeper of the Boat;

(iv) in relation to any Boat, a valid Boat Licence and Boat Safety Certificate are available and the Boat is fit for navigation on any The Trust’s Waterways where it is intended to be used;

(v) there is no other breach of the Agreement which we consider to be serious, and we are satisfied that the spouse or civil partner will or can prevent any breach that is continuing at the time of their request for permission to use the Mooring.

 

If we give permission to a spouse or partner to use the Mooring, in accordance with this condition 4.7, the spouse or partner must comply with the conditions of this Agreement.

 

4.8 Subject to condition 4.7 above, your Mooring cannot be sold, given to anyone or be inherited by anyone on your death.

  • Greenie 1
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Alan de Enfield Veteran II

Alan de Enfield

Posted
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2 minutes ago, TheBiscuits said:

4.7 In the event of your death, a person that has been using the Mooring together with you, and who satisfies us that they are your spouse or civil partner may request from us permission to continue to use the Mooring for the unexpired Mooring Period. We will give permission in response to such a request, if we are satisfied in relation to your spouse or civil partner, and where applicable in relation to you (up to the date of your death) that:

 

 

@Kalapattar

 

Note the highlighted section.

They can only use it until the contract expires (the rest of the year if it is an annual contract) They would then have to negotiate a new contract in their own right.

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PD1964 Experienced

PD1964

Posted
Posted (edited)

Being a CaRT mooring you would be better off talking direct to your local moorings officer.

  It’s an awkward one as, what’s to you keeping the mooring in your name and she lives on the boat? I know this is not the legal solution.

Edited by PD1964
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