Advice PLEASE !! Being asked to leave after 17 years !!

[ryanroberts]

Has anyone else in the marina done something unwise like signing on or notifying that they are self isolating? Someone must have have had a word with them for this to happen surely.

Ah ..new management. That explains it

 

[ryanroberts]

I'll be interested to hear the outcome of this and sincerely hope for your Dad that it's a positive one. There have been a few UK marinas, including the one I'm in, who've recently started to clamp down on or disallow outright any living aboard even after openly "tolerating" it for years. What with living full time in the EU no longer possible for many who might wish to do so, living on the canals might end up being the only viable option in the UK for living afloat. Social media really doesn't help as already stated above, neither does the utterly shambolic state of housing in the UK...

The canal is increasingly unwelcoming even as a well meaning CC, and inland marinas suffer from the same planning issues. Is Brighton really kicking off? That was an emergency option. Pandemic is bringing too many eyes on us

 

[Tony Cross]

Good evening. I would really welcome some advice. My father has lived on his boat within a Kent based marina for over 17 years with not a single issue.

He has just been asked for documentation supporting the fact that he does not ‘live on’ - which he has for years as I say. The marina have been aware of this since day 1.

The letter he received appears to be heading down the route of wanting to remove him - how do we stand in this ??

It seems incredible that they can just do this to a 78 years old man in the middle of a world wide pandemic - it’s come from nowhere ?? Any advice please ... thanks so much

It's impossible to prove a negative. I would seek legal advice personally.

 

[syvictoria]

It's impossible to prove a negative. I would seek legal advice personally.

And what sort of future relationship do you think the father will have having taken legal action against the marina? As for proving a negative, surely common sense suggests that this particular negative can be easily proven by providing an alternative address?

 

[syvictoria]

The canal is increasingly unwelcoming even as a well meaning CC, and inland marinas suffer from the same planning issues. Is Brighton really kicking off? That was an emergency option. Pandemic is bringing too many eyes on us

I suppose (very sadly) it's understandable that the pandemic is making marinas reassess who is on their premises and why. If they are accountable for the people on site, maintaining covid-secure facilities, etc., then it's virtually impossible for them to continue turning a blind eye. They are also easy targets for the local councils and authorities at the current time (police seeing people on site, locals reporting activity, etc.). Hopefully the dust will settle and normality will resume in time.

 

[atol]

seems like this problem of residence is not just limited to boats ,on a few of the van life forums there are discussions about councils calling for an outright ban on any form of wild camping by van or motorhome dwellers

 

[bedouin]

In other situations where you are registered with a GP is taken as a strong indication of where you actually live. You can have multiple addresses, and be on the electoral role in many places, but you can only be on one GPs list.

 

[ryanroberts]

GP registration is another fun part of itinerant boat life..

 

[Robin]

probably results from enquiries from local council re council tax, we had a similar letter, no risk of eviction just risk of a bill from council for some money. our marina avised us they had to give the information which is fine but we have heard no more yet re bill.

 

[steve yates]

If he has nowhere else add him to your council tax and on to the voter roll at your address and hey presto at no cost to you he has an address and can prove he is just staying aboard sometimes

This

 

[V1701]

The canal is increasingly unwelcoming even as a well meaning CC, and inland marinas suffer from the same planning issues. Is Brighton really kicking off? That was an emergency option. Pandemic is bringing too many eyes on us

Yes it looks like some boxes somewhere have had to be ticked so hefty price increases at contract renewal after which we'll benefit from being able to enjoy staying aboard for up to 12 weeks at a time for up to 48 weeks per year. We've now a growing "community" of floating static caravan dwellers, not sure what their contracts stipulate but their presence could have attracted attention. Personally I don't mind paying a bit more for living aboard (oops I mean being able to enjoy staying aboard for up to 12 weeks at a time for up to 48 weeks per year) but am becoming a bit paranoid now - if I set foot in Europe the clock starts ticking and I'm out on my arse 90 days later, now theoretically 12 weeks from the start of my new contract I should be leaving for what, a night, two nights, before returning?

However if you request a quote for a new contract for annual berthing on their web site it'll still give you the old price but you'd probably be wise to have thought about what your answer to the question of whether you'd like to pay more in order to benefit from being able to enjoy staying aboard for up to 12 weeks at a time for up to 48 weeks per year might be. My guess is you could almost certainly get away with it for at least the first year, policing the new 12/48 rule even if they wanted to would be nigh on impossible...

Edit: Ooh I forgot, there has appeared a mini floating caravan right at the entrance to the easy jetty that has mirrored windows stopping you from seeing if there's anybody inside. Big brother is watching you...

 

[chriss999]

And what sort of future relationship do you think the father will have having taken legal action against the marina? As for proving a negative, surely common sense suggests that this particular negative can be easily proven by providing an alternative address?

Legal advice doesn’t mean legal action.
Taking advice from well-meaning and knowledgable forumites is great, and I do it myself all the time. But in this matter of the OP’s aged parent it might (or might not) be sensible to get professional advice as the stakes could be quite high.

 

[nortada]

Legal advice doesn’t mean legal action.
Taking advice from well-meaning and knowledgable forumites is great, and I do it myself all the time. But in this matter of the OP’s aged parent it might (or might not) be sensible to get professional advice as the stakes could be quite high.

And just what do think (hope) this legal advice will achieve

In this situation, beyond the sympathy vote, I can’t see what advantage age brings

Possibly quite the opposite, as the time could arrive where the marina/local authorities could have a costly welfare situation to resolve. Then it could be argued that it would be better for all parties to confront this situation sooner rather than later.

Resolving it informally could mean a few more years living the life on board.

 

[pandos]

You need to get proper legal advice, and do nothing or say anything to the marina till you know where you stand.

There are barrack room lawyers on these forums (fora?) who love to give out advice....much of it being utter ballox.

Always be wary of advice which revolves around doing some thing "so you can say,..... Or if you say ..... they can't prove otherwise"

 

[penberth3]

Thanks so much - I really do appreciate all your views. I spoke with the marina this morning and the new manager appeared to be very understanding. I pointed out that he has lived there for 17 years and has signed the same contract this year as he did in 2004. I pointed out how ‘unfair’ it would be to turn a blind eye for 17 years and then suddenly decide that they now want to invoke the very policy they themselves have decided to ignore for so many years...... e mail sent ..... watch this space

So is it the Marina that's asking? You haven't made it clear.

 

[nortada]

You need to get proper legal advice, and do nothing or say anything to the marina till you know where you stand.

There are barrack room lawyers on these forums (fora?) who love to give out advice....much of it being utter ballox.

Always be wary of advice which revolves around doing some thing "so you can say,..... Or if you say ..... they can't prove otherwise"

Advice was requested so some of us with practical experience offered some thoughts; hardly barrack room lawyers.

Ignoring the insult, please explain the last line of your message.

 

[nortada]

So is it the Marina that's asking? You haven't made it clear.

From the OP it was apparent to me the request came from the marina. If it didn’t come from the marina, who did you suppose it came from

 

[penberth3]

From the OP it was apparent to me the request came from the marina. If it didn’t come from the marina, who did you suppose it came from

How was it apparent to you? There's nothing at all in the OP to say where the request came from.

 

[nortada]

How was it apparent to you? There's nothing at all in the OP to say where the request came from.

I have been in similar circumstances and the request for qualification came from the first set-up in the chain; the managers owners of the facility.

If it didn’t come from the marina, who do you think it came from and why

 

[penberth3]

I have been in similar circumstances and the request for qualification came from the first set-up in the chain; the managers owners of the facility.

If it didn’t come from the marina, who do you think it came from and why

You're making assumptions again. The OP hasn't said the request came from the Marina. I can think of a few possible sources, but that's only my speculation, so I'll keep it to myself.