Jump to content

new mooring t&c's


magnetman

Featured Posts

 

You need to think outside the box here!

 

If they clamp down on residential use of leisure moorings, and the price falls to £1k you can have TWO leisure moorings, and flit between them every so often, and still be quids in.

 

Not if they make it a condition of taking a leisure mooring that you show a Council Tax bill for your 'primary residence'.

Link to comment
Share on other sites

 

Not if they make it a condition of taking a leisure mooring that you show a Council Tax bill for your 'primary residence'.

I assumed one would not be allowed to have more than one mooring anyway. Maybe the chancellor of the the ex chequer should apply an extra tax to second moorings :lol:

 

I would not vote for an extra tax for having more than one boat though (above the normal licenses required) as I have seven :rolleyes:

 

Typos

Edited by magnetman
Link to comment
Share on other sites

Are the CRT allowed to change the rules as they deem necessary? Surely it must go through some fairly formed committee beforehand? If not then that's not very good when we supposedly live in a democratic country. If they can just change the rules as they like then perhaps something should be done to tackle that and then other issues (such as the one in this thread) may not even have the chance to arise in the first place.

Link to comment
Share on other sites

Are the CRT allowed to change the rules as they deem necessary? Surely it must go through some fairly formed committee beforehand?

Which other business or for that matter charity do you know which consults its customers before it makes changes?

Link to comment
Share on other sites

Are the CRT allowed to change the rules as they deem necessary? Surely it must go through some fairly formed committee beforehand? If not then that's not very good when we supposedly live in a democratic country. If they can just change the rules as they like then perhaps something should be done to tackle that and then other issues (such as the one in this thread) may not even have the chance to arise in the first place.

 

Yes, but they're still bound by the "unfair contract act" or whatever the legislation is - if they introduce an unfair term into the contract which is agreed upon, if you can later prove its unfair you're not bound by it.

Link to comment
Share on other sites

 

Yes, but they're still bound by the "unfair contract act" or whatever the legislation is - if they introduce an unfair term into the contract which is agreed upon, if you can later prove its unfair you're not bound by it.

 

Is there any suggestion that saying :

 

You cannot use it until you have paid for it, or

If you use it before or after the contract starts / expires we will charge you &/or move your boat, or

You must not use a leisure mooring as residential, or

You must not conduct any business from your mooring

 

Are 'unfair conditions' ?

Link to comment
Share on other sites

What about the bit about dead people?

 

I never quite knew what "fair" meant anyway (apart from memories of bright lights lots of noise, looking at nice big generators and trying to avoid those horrible bumper cars) but if we are talking about fairness then denying the right of a spouse to continue paying for a -residential- mooring after the death of the mooring contract signature writer is unfair IMO.

Link to comment
Share on other sites

 

Is there any suggestion that saying :

 

You cannot use it until you have paid for it, or

If you use it before or after the contract starts / expires we will charge you &/or move your boat, or

You must not use a leisure mooring as residential, or

You must not conduct any business from your mooring

 

Are 'unfair conditions' ?

 

The requirement to tell them when you're going away and coming back, so they can sub-let it, isn't brilliant.

Link to comment
Share on other sites

 

The requirement to tell them when you're going away and coming back, so they can sub-let it, isn't brilliant.

 

"Fair enough"

 

However - I think every marina I have ever used (including marine marinas) reserve the right to 'sub let' your mooring when you are away.

I remember once when we called in at Rhu marina for a few days, we were directed to a certain mooring, and just as we were bedding down one night a 'hooter' went off and an "Oi - can you please move off our mooring". The mooring owner had returned after his 'holidays'. The marina office was closed for the night, but its not a problem we just moved down to the next empty space - its not a 'drama'.

Link to comment
Share on other sites

That was just my theory - I don't know if they are planning to do that. I would hope not.

 

There may be another way of looking at that. Perhaps it is a gentle hint that if you tell CRT you intend to leave the mooring for a period of 28 days and then do so they can use that as evidence (to anyone who is bothered about residential status at a certain mooring site) that you are not continuously resident on your mooring.

 

Maybe they are actually trying to help out people who are living on leisure moorings while also helping themselves to avoid the murky question of liveaboards using moorings without residential planning consent etc

Link to comment
Share on other sites

What about the bit about dead people?

 

I never quite knew what "fair" meant anyway (apart from memories of bright lights lots of noise, looking at nice big generators and trying to avoid those horrible bumper cars) but if we are talking about fairness then denying the right of a spouse to continue paying for a -residential- mooring after the death of the mooring contract signature writer is unfair IMO.

 

I am trying to think of a close comparison but not really finding one, but :

 

The ownership of a car does not pass to the next of kin - you can apply to have it changed into your name, I guess as you can with the mooring

 

If the deceased was paying a mortgage, then the mortgage does not transfer to the next of kin

 

If the deceased was renting a flat then the lease will not transfer to the next of kin.

 

I am sure there are better examples.

Link to comment
Share on other sites

What about the bit about dead people?

 

I never quite knew what "fair" meant anyway (apart from memories of bright lights lots of noise, looking at nice big generators and trying to avoid those horrible bumper cars) but if we are talking about fairness then denying the right of a spouse to continue paying for a -residential- mooring after the death of the mooring contract signature writer is unfair IMO.

 

See earlier when this was discussed at some length.

Link to comment
Share on other sites

 

 

There is at least one type of tenancy where the lease IS inherited by the heirs to the deceased.

 

Agreed - but there are 'variations'

 

If the tenancy is still within its fixed term, then the remainder of the fixed term is a property right, the ownership of which will pass to the deceased tenant’s Personal Representatives* as part of the tenant’s ‘estate’ (i.e. everything he owns when he dies)

 

* ‘Personal Representatives’ includes both the executors under a will and administrators appointed when the person dies intestate (i.e. without having made a will).

 

If the tenancy is in joint names then the living tenant will acquire the deceased tenant’s share by what is known as the ‘right of survivorship’. So if a husband and wife rent a property jointly and the husband dies, it will then belong just to the wife.

 

Maybe the way that boat owners can ensure continuity is to have the mooring in joint names (do C&RT have provision for this ?)

Link to comment
Share on other sites

I took a mooring so that I could avoid the problems of not having one. I don't own a house as well, I don't breach my mooring's T&Cs but I stay at my mother's house and cruise in order to do this. I don't have a council tax in my name because it's in her name. Perhaps I should ask her to add my name to the bill.

 

I agree with the pp who mentioned a 10-year plan. I too would like to know the long-term intention. And who is driving what- because as mentioned, the housing situation will become even more desperate if people are driven off their boats.

Link to comment
Share on other sites

I took a mooring so that I could avoid the problems of not having one. I don't own a house as well, I don't breach my mooring's T&Cs but I stay at my mother's house and cruise in order to do this. I don't have a council tax in my name because it's in her name. Perhaps I should ask her to add my name to the bill.

 

 

Simple - just ask her to change her name to match yours.

Link to comment
Share on other sites

But I bimble as a lifestyle, I am a past master bimbler, I bimble at work and at home, I have spent most of my life practising the art of bimbling.

Have I been banned?

Cereful, it might affect your eyesight

Link to comment
Share on other sites

Local authorities may have been bending CRTs ear .

Was this subject brought to the attention of the meeting that our elected reps went to ?

I know one lovely Village where NIMBYS have stated in council meeting "Boaters children go to our village School and some boaters use the Doctors".

In my mind live aboards not occupying the mooring /boat for more than 10 months accumulative in a year are not residential.

Link to comment
Share on other sites

In my mind live aboards not occupying the mooring /boat for more than 10 months accumulative in a year are not residential.

I suspect that would depend on the council's attitude. For a property (OK I know it isn't a boat) to be not residential where our holiday let is it can't be occupied by the same people for more than 13 continuous weeks. So movement of a boat where this rule was applied (particularly if the council was hostile) would need to be carefully planned e.g. arrive 1st Nov leave on or before 30th Jan.

Link to comment
Share on other sites

Local authorities may have been bending CRTs ear .

See I really don't think this is happening in London, they have a massive housing shortage as it is, so evicting boaters is only going to give them more hassle. And there's not the nimbyism here as London moorings don't tend to be overlooked by housing. They don't get complained about. I really do think this is a CRT thing.

Link to comment
Share on other sites

See I really don't think this is happening in London, they have a massive housing shortage as it is, so evicting boaters is only going to give them more hassle. And there's not the nimbyism here as London moorings don't tend to be overlooked by housing. They don't get complained about. I really do think this is a CRT thing.

Perhaps cart is one of the few organizations to recognise that there is a world outside London?
  • Greenie 1
Link to comment
Share on other sites

I think the changes will impact London IF and it is only an if, CRT decide to apply the mooring T&Cs to all their moorings, including visitor moorings - obviously not the bits about buying a mooring. But I can see no logic in not allowing certain activities on paid for moorings, but allowing them on visitor moorings, especially where one can stay for more than a couple of days.

 

So put the changes onto the paid for moorings, and probably not too much reaction from the boating groups, then roll it out to all CRT managed (including visitor) moorings.

Edited by Chewbacka
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.