A FAIR CONTRACT FOR UK RESIDENTIAL BERTH HOLDERS

by Sue Rodwell Smith

A FAIR CONTRACT FOR UK RESIDENTIAL BERTH HOLDERS

by Sue Rodwell Smith
Sue Rodwell Smith
Case Owner
I am the Chair of our Community Association and feel passionately that residential berth holders do not have a fair deal. The Marina owners are messing with peoples lives and we must challenge this.
Funded
on 03rd December 2020
£6,060
pledged of £15,000 stretch target from 118 pledges
Sue Rodwell Smith
Case Owner
I am the Chair of our Community Association and feel passionately that residential berth holders do not have a fair deal. The Marina owners are messing with peoples lives and we must challenge this.

Latest: Dec. 3, 2020

Thank You

We have reached our first target which is fantastic, thank you so much.  This means that we are guaranteed £5k to go straight to our solicitor but we do need more. I am busy looking at bar…

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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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Update 3

Sue Rodwell Smith

Dec. 3, 2020

Thank You

We have reached our first target which is fantastic, thank you so much.  This means that we are guaranteed £5k to go straight to our solicitor but we do need more. I am busy looking at barristers who specialise in this type of case, not cheap where litigation is involved, as I am sure you will know.  The stretch target is £15k so we now need to achieve this if at all possible. Please share and share again.

Update 2

Sue Rodwell Smith

Dec. 1, 2020

Support from RBOA

I am delighted that RBOA, Residential Boat Owners Association, are fully on board, thank you so much.  This affects all residential boat and static owners, so onwards and upwards.  A long journey ahead, but we will get there.

Update 1

Sue Rodwell Smith

Nov. 26, 2020

Mediating - a step forward in the right direction

As the chair of the Hartford Marina Community Association which looks at and addresses any concerns that residential berth holders may encounter at Hartford Marina. One of our main concerns currently is the lack of clarity around residential status, tenancy and mooring agreements that protect water dwellers. More importantly this doesn’t affect just Hartford Marina residents but has larger implications for those who sell, buy and live on the water in the UK. The UK legislation needs to be brought up to date regarding these issues but in doing so costs money. So in order to proceed and engage specialist solicitors that have a good understanding of these issues, we are crowd funding so that we may challenge and ultimately secure valid Tenancy Agreements protecting our investments and homes for the future.

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