BW Moorings

[mikeyb73]

Hi, I am going though the nightmare of trying to get a mooring in the ideal site from BW.

When reading though the T&C in the part "TERMINATION" It states

 

This Agreement terminates at the end of the

period specified in the Mooring Application

Form.

 

And

 

We reserve the right to refuse to issue you

with any mooring permit in the future. You have

no right under these Conditions to the renewal of

a mooring permit. We will not unreasonably

refuse to renew a mooring permit. However, if

we do refuse to issue you with a mooring

permit, we will write and tell you why.

 

 

 

Q1. This Agreement is for 3 year at the end of the agreement do they ask you if you want renew the Mooring?

Q2. If they do let you renew the Mooring is this at the same price as you won the mooring or is there a % added on?

 

Thanks Mike

[vicvdb]

Talking to people about this topic it seems that there is great confusion surrounding it.

 

Some people are treating the process as an auction and therefore not only paying over the odds but also confusing the system and leaving people without moorings! Then, realising that they are paying too much, it seems some have decided not to complete the process and so the moorings go back onto the system (more confusion, more cost and lots of frustration).

 

I also understand from the discussions (which might be wrong) that at the end of the contract period, the whole process is stated again - it's not like one gets to keep the mooring 'sine die' as some who moor in Gloucester Docks have discovered to their loss!

 

HTH,

 

Vic

Edited February 7, 2009 by vicvdb

[bottle]

That is a 'standard' phrase when renting any thing, ie. flat, house, field, farm etc.

 

If they allow you to continue 'renting' the mooring, when the existing agreement ends, you will enter another agreement, if they wish and I can virtually guarantee it will not be at the same rate.

 

It also means they have a, get you out clause, if for any reason they want the mooring back and/or you have not complied with the mooring conditions, in theory it might save them taking you to court to get the mooring back, cost saving.

[journeyperson]

Q1. This Agreement is for 3 year at the end of the agreement do they ask you if you want renew the Mooring?

Q2. If they do let you renew the Mooring is this at the same price as you won the mooring or is there a % added on?

 

Thanks Mike

 

Will I have to re-tender at the end of the three-year agreement?

No. If we accept your offer for a tendered mooring, you will have a three-year Mooring Agreement. After the three years, if you want to stay on the mooring, we currently expect to offer you a standard Mooring Agreement (at present, annually renewable) at the normal published price for the mooring site (you don't have to re-tender.) This will be for the same length of berth as your tendered agreement, regardless of the length of your boat.

[vicvdb]

That makes more sense that the 'assumed' re-tendering that I was told was to be the case at the end of each period.

 

I assume that this means that only those who have come up for renewal and are part of the tendering process this will have 'lost' their moorings as this new process is implemented.

 

I also assume that this is part of a means of raising more money for BW?

 

An interesting thread which makes me wonder if there's benefit in trying to find a piece of land of one's own?

 

V

[bottle]

That makes more sense that the 'assumed' re-tendering that I was told was to be the case at the end of each period.

 

I assume that this means that only those who have come up for renewal and are part of the tendering process this will have 'lost' their moorings as this new process is implemented.

 

I also assume that this is part of a means of raising more money for BW?

 

An interesting thread which makes me wonder if there's benefit in trying to find a piece of land of one's own?

 

V

 

That opens another can of worms, owning a piece of land does not give you any rights to moor (except in very, very rare cases).

 

If you did own a piece of land, it would have to be on the offside, then permission to moor (end of garden mooring) would be required and also a fee paid, yearly, based on the cost of mooring of the nearest 'online mooring'

 

Edit: this applies to BW only, other authorities will vary.

Edited February 7, 2009 by bottle

[journeyperson]

That makes more sense that the 'assumed' re-tendering that I was told was to be the case at the end of each period.

 

I assume that this means that only those who have come up for renewal and are part of the tendering process this will have 'lost' their moorings as this new process is implemented.

 

I also assume that this is part of a means of raising more money for BW?

 

An interesting thread which makes me wonder if there's benefit in trying to find a piece of land of one's own?

 

V

As the police driving instructor said to Jack Dee, who had assumed he was in a 30mph zone:- "Assume makes an ass out of u and me - ass/u/me.

[sueb]

That makes more sense that the 'assumed' re-tendering that I was told was to be the case at the end of each period.

 

I assume that this means that only those who have come up for renewal and are part of the tendering process this will have 'lost' their moorings as this new process is implemented.

 

I also assume that this is part of a means of raising more money for BW?

 

An interesting thread which makes me wonder if there's benefit in trying to find a piece of land of one's own?

 

V

Don't assume anything about BW. They change the rules to suit themselves and you have NO security.

Sue

[mikeyb73]

Will I have to re-tender at the end of the three-year agreement?

No. If we accept your offer for a tendered mooring, you will have a three-year Mooring Agreement. After the three years, if you want to stay on the mooring, we currently expect to offer you a standard Mooring Agreement (at present, annually renewable) at the normal published price for the mooring site (you don't have to re-tender.) This will be for the same length of berth as your tendered agreement, regardless of the length of your boat.

 

I didnt see that thanks for your post.

 

And thanks everyone else that has posted

[David Schweizer]

That is a 'standard' phrase when renting any thing, ie. flat, house, field, farm etc.

 

If they allow you to continue 'renting' the mooring, when the existing agreement ends, you will enter another agreement, if they wish and I can virtually guarantee it will not be at the same rate.

 

It also means they have a, get you out clause, if for any reason they want the mooring back and/or you have not complied with the mooring conditions, in theory it might save them taking you to court to get the mooring back, cost saving.

That may apply to some tenancies but not to Agricultural Tenancies which are governed by exclusive legislation. If a Farm was let on an initial period of three years, as is being suggested in the BW example, the conditions posted would be in contravention of the Agricultural Tenancies Act 1995, which gives an automatic right for annual renewal, unless notice to quit was given not less than 12 months and not more tha 24 months before the tenancy is due to end. Farms let prior to 1995 have even stricter regulations governing termination.

Edited February 8, 2009 by David Schweizer

[Jason Wilson and Family]

That opens another can of worms, owning a piece of land does not give you any rights to moor (except in very, very rare cases).

 

If you did own a piece of land, it would have to be on the offside, then permission to moor (end of garden mooring) would be required and also a fee paid, yearly, based on the cost of mooring of the nearest 'online mooring'

 

Edit: this applies to BW only, other authorities will vary.

 

That sounds a bit... dodgy of them. How can BW charge you some arbitrary rate for the use of your own land?

[bottle]

They do not charge for the use of your own land but they charge for the water the boat is floating on.

[denboy]

They do not charge for the use of your own land but they charge for the water the boat is floating on.

Charge 50% of the cost of the nearest bw mooring