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Home owners forced to buy a mooring licence even if they do not have a boat.


Alan de Enfield

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21 minutes ago, Athy said:

Learning some manners would be a good start.

 

Anything else, or is that your only 'issue'? 

 

You agree the facts of the case are fine, you are only disgusted by the rather graceless response of the marina representative?

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13 hours ago, PD1964 said:

 I wonder If they don’t own a boat or have no interest in owning one if they could sub let their mooring to someone not associated with the Marina. Or rent it back to the Marina for someone on the Marina’s waiting list if the Marina moorings are full?
I wonder if @Naughty Cal  could shed some light on this and maybe the relationship between House owners and Moorers as she did once moor there if she can.

 

Almost certainly not allowed. But these are moorings that can only be acessesd through the property so not really suitable for a sub let.

I dont understand why they are complaining nor why they bought a house with a mooring at the bottom of the garden if they do not want a boat. Not all properties there come with a mooring.

I would not buy there. It's not cheap and there are too many rules and too many nosey parkers.  Plus the care home which makes the whole place seem like a slightlly spooky waiting for God sort of establishment.

 

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Some 25 years ago my father looked to buying a house at Hythe Marina Village. That had the same conditions but what really annoyed Dad was he wasn't allowed to sublet it but the marina could. In the event Mum refused to move anyway.

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5 minutes ago, MtB said:

 

Anything else, or is that your only 'issue'? 

 

You agree the facts of the case are fine, you are only disgusted by the rather graceless response of the marina representative?

Correct. I don't especially like the terms of the contract, but the buyer did agree to them.

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1 hour ago, Athy said:

So, no one should buy a flat? As far as I know, they're all leasehold. The one we own certainly is.

Look at the problems of those that bought flats which have cladding on the outside, the leaseholders are refusing to cover the removal costs leaving it for the Tennant's to pick it up.

We did once own a leasehold flat but the Tennant's were the leaseholders so we made our own decisions as to what was done and costs. It was still a nightmare.

1 hour ago, Athy said:

 

 

Edited by Loddon
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17 hours ago, PD1964 said:

 I wonder If they don’t own a boat or have no interest in owning one if they could sub let their mooring to someone not associated with the Marina. Or rent it back to the Marina for someone on the Marina’s waiting list if the Marina moorings are full?
I wonder if @Naughty Cal  could shed some light on this and maybe the relationship between House owners and Moorers as she did once moor there if she can.

 

Nope you can't sub let.

 

ETA: We have several good friends who lived on the houses there. Most have now moved away but a few do still live there. We did consider it at one point and had first refusal on a penthouse apartment a friend was selling but the mooring fee, grounds maintenance fee, security fee and service charge made it unviable. Which is a shame because it was a lovely flat.

 

7 hours ago, Athy said:

Whatever the legal niceties, the marina's spokesman comes across as a grade one nerk who shouldn't be allowed within a country mile of the public.

Sums them all up nicely.

Edited by Naughty Cal
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1 hour ago, Athy said:

A statement starting with "No one is forced to buy a house..." deserves a two-word answer.

 

"No thanks" would do nicely!

 

I think it's quite refreshing personally, as one of my pet hates are those who buy waterside property then whine about the boats. 

 

If the waterside property owners are having to pay for the mooring anyway they might as well get a boat.

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38 minutes ago, Higgs said:

Found the ideal prestige boat, for the prestige mooring. 

 

R.jpg.f75ed2e85f210c2c3e47aeffb366c3db.jpg

 

 

 

You cant just have any old boat on "your" mooring. They have to vet the boat first and make sure it is "suitable"

 

(I Kid you not. Same in the marina if you want a long term berth)

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Just now, Naughty Cal said:

You cant just have any old boat on "your" mooring. They have to vet the boat first and make sure it is "suitable"

 

(I Kid you not. Same in the marina if you want a long term berth)

 

 

To be fair though lots of marinas have stipulations about the appearence of boats that moor.

 

Mercia certainly did when we moored there, and I think bwml did when we moored at Lemonroyd.

 

Of course 'appearence' is very subjective and could be used in an arbitrary fashion.

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36 minutes ago, Naughty Cal said:

You cant just have any old boat on "your" mooring. They have to vet the boat first and make sure it is "suitable"

 

(I Kid you not. Same in the marina if you want a long term berth)

 

Bet they won't stop the infirm leasing property there. 

 

 

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17 hours ago, PD1964 said:

 I wonder If they don’t own a boat or have no interest in owning one if they could sub let their mooring to someone not associated with the Marina. Or rent it back to the Marina for someone on the Marina’s waiting list if the Marina moorings are full?
I wonder if @Naughty Cal  could shed some light on this and maybe the relationship between House owners and Moorers as she did once moor there if she can.

 

If the lessee is very fortunate, the circumstances under which a no-subletting clause were entered into are such that  it has statutory relaxation under the Landlord & Tenant Act 1927

 

 

19Provisions as to covenants not to assign, &c. without licence or consent.

(1)In all leases whether made before or after the commencement of this Act containing a covenant condition or agreement against assigning, underletting, charging or parting with the possession of demised premises or any part thereof without licence or consent, such covenant condition or agreement shall, notwithstanding any express provision to the contrary, be deemed to be subject—

(a)to a proviso to the effect that such licence or consent is not to be unreasonably withheld, but this proviso does not preclude the right of the landlord to require payment of a reasonable sum in respect of any legal or other expenses incurred in connection with such licence or consent; and

(b)(if the lease is for more than forty years, and is made in consideration wholly or partially of the erection, or the substantial improvement, addition or alteration of buildings, and the lessor is not a Government department or local or public authority, or a statutory or public utility company) to a proviso to the effect that in the case of any assignment, under-letting, charging or parting with the possession (whether by the holders of the lease or any under-tenant whether immediate or not) effected more than seven years before the end of the term no consent or licence shall be required, if notice in writing of the transaction is given to the lessor within six months after the transaction is effected.

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Straight talking is good and there should be more of it "when you bought that canalside house surely you realised that there would be boats on the canal?" etc etc. Unreasonable people should be treated with firm honesty.

Is this case not just an extension of "my kids have grown up and I am healthy so why should I pay council tax/income tax when it all goes on health and education?"

 

Maybe they should be charged double for denying somebody else the chance to live in a house with a mooring? 😀

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8 hours ago, Higgs said:

Would any lease, even for a flat with a garage, stipulate that it is only for the use of your car? It would be interesting to know if such a mooring restriction is also in the lease contract for the properties. 

 

 

 

I lease a garage from the local council and it stipulates that I must use it for the storage of a car or motorcycle, and it should not be used for general storage.

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13 hours ago, Machpoint005 said:

I understand that no sub-letting of the moorings is allowed. I have no issue,with that -- it will be in the Ts and Cs. What I don't understand is, if a boat suddenly appeared on one of the moorings, how would the landlord know to whom it belonged?

 

 

All boats in the Marina have to have a mooring licence even if it is on the mooring at the bottom of your garden.

 

To obtain that they need proof of ownership, insurance, CRT licence and BSC.

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14 hours ago, Graham Davis said:

 

I lease a garage from the local council and it stipulates that I must use it for the storage of a car or motorcycle, and it should not be used for general storage.

I had the same Graham when I took over my mum and dads council garage, they did check occasionally especially when they wanted to sell the site, they were disappointed to find most garages contained cars!

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