RESIDENTIAL BERTH HOLDERS - A FAIR CONTRACT
RESIDENTIAL BERTH HOLDERS - A FAIR CONTRACT
In the circumstances and worry of being in another national lockdown and the general uncertainty if life will ever return to anywhere near normal this year, people’s mental health has been severely impacted. Especially for those who are struggling to meet rent and mortgage demands but who at least have some protection under the law. Imagine then, those who have bought and actually own their own structure/property on a ‘residential marina’ and who are paying Council Tax and have a CLEUD, Certificate of Lawfulness for an Existing Use of a Development, granted by the District Council, meaning the property is occupied as a sole or main residence and not just as holiday accommodation, only to be served with an eviction notice. The implications of these actions and subsequent mediations and results have wider consequences for everyone who lives on the water in the UK. That is why we are championing not only for a fair and just outcome that is unbiased but also would like to challenge the existing law and get it changed to protect all water dwellers now and in the future.
With all your wonderful help last month, we reached £6k which funded to date solicitors’ fees, barristers’ advice and future attendance at the First Tier Tribunal (part of the UK Court system) and a professional mediator. Jan and her son, who has special needs, are living day to day under the cloud of an eviction. The marina owners have given her notice saying that the pontoon to which she is attached is beyond repair and she has to move. Jan pays her mooring fees on time, pays Council Tax and has a CLEUD.
I am asking if you would kindly put your hands in your pockets again as we need to now fund ongoing cost for a surveyor’s report plus future solicitor and barrister fees. It is vital that we get to the First Tier Tribunal where we are asking the Court to categorise static floating caravans as dwellings under the Mobile Homes Acts giving us all security of tenure and subsequently a fair residential licence. Currently our mooring contract enables the marina owner to give us 28 days notice to vacate our moorings. As our dwellings are our homes, our main asset, it would be impossible to relocate, ostensibly making our homes worthless and us homeless.
This affects all berth holders on our marina which includes lodges, vessels and static caravans and success in this case would give us all statutory protection.
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