How do you get someone of a mooring?

smurfer

smurfer

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A friend of mine rented out his private mooring on a monthly basis, the individual has missed three payments, ignored all letters and changed his phone number to ex-directory. This followed request for him to leave, as friend has own new boat that he is now having to keep at Brighton (at great cost).

Could I have legal suggestions to get him removed / off with the least inconvenience.

I was wondering if friend would have a right to sell boat at some point to recover cost of outstanding rent if necessary notices were in place?

I look forward to suggestions
 
Thats exactely what a marina would do faced with the same situation!
I suggest you take legal advice because there is probably a time scale to this sort of thing.

If a tenant in a rented house/flat fails to pay rent they can be taken to court and removed from the property, I am sure that your friend can take the same course of action.

I knew a boat owner who was moored on someones mooring a good few years ago. He actually was paying but the person concerned wanted the mooring back. After a few weeks the boat mysteriously was moved off the mooring and put on the river bank some hundred yards away! enough said!

Barry
 
Moorings do break free sometimes. 74 boats went walkabout on Windermere in the storms. Lots still had the bouy attatched but the shackle on the chain had come off! There's a thing.
 
A marina or a boat club. if owed money, would go along the lines of writing to the last known address requesting payment or notifying the owner of the intention to sell the vessel to satisfy debts. There is also a notice placed on the boat to the same effect, there's one at Port Solent at the moment. After a certain period has passed, if no contact is made, the boat is sold, debts settled and the balance has to be given to the owner, if they can be traced (not sure what happens if they can't!). If your friend is a member of the RYA, he could talk to their legal dept as a first step, as this sort of action will no doubt be quite full of very specific rules that need to be adhered to exactly or it could end up getting very messy. I would imagine if it came to it, that as well as the outstanding rent, your friend could also deduct certain costs from the sale proceeds. This would, I imagine, include legal fees and may even include his berthing fees while it is being sorted. But i would advise not doing anything until he has taken legal advice.

ps. I guess alot will depends upon whether there was a contract of some sort in place.
 
I took legal advice regarding a car that had been left on my office car park.
A 7 day notice was put under the wipper saying move it or it will be scrapped.
Car went within 15mins but I never saw the owner.
 
BW are (at least on the G&S canal) lifting non-paying boats on to there own hardstanding - no money no boat in the wet stuff - and charging the owners for the hardstanding..

I agree with Barry, take legal advise because isnt touching a part1/part 3reg. vessel an act of piracy?
 
Talk to a solicitor that knows maritime law. There are some very good ways to sort this that are within the law, and in this the law is on your side - not like stingos misfortune.
 
[ QUOTE ]
I knew a boat owner who was moored on someones mooring a good few years ago. He actually was paying but the person concerned wanted the mooring back. After a few weeks the boat mysteriously was moved off the mooring and put on the river bank some hundred yards away! enough said!

[/ QUOTE ]

Thats what I would do......................
 
Not sure about any contract details I can check this out but I am pretty sure it was on a hand shake.

My friend is obviously concerned as he fears repercussions if he just moves it and lets it float away, but the boat's value is probably only two or three grand which would be eaten up in legal fees if he does the legal way.

Bit of a dilema.

Thanks to everybody for the advice so far.

I was thinking about hauling the bloody thing out and delivering it to his last known address and pursuing the cost of haul out etc in the small claims court, say leaving a seven day notice before action on the boat and a letter?

What does the forum think?
 
If it was on Windermere we would just tow it down to the wardens and tell them it was some cheeky sod moored on our bouy. In fact the warden would probably remove it. Of course as we have a registration scheme the warden could contact the owner if he was still where he said he was. Wardens aren't all bad.
Do you have a HM or similar you could unload it on?
 
I think you can put a lean on the vessel, which would mean the vessel is taken away to a liquidators and then the owner has to pay a bond to get it back. This bond is set by the courts and is determined by the amount of money owed by the vessel. If the owner can't put up the bond the boat is sold to pay the plaintif i.e. you and any other due monies on the vessel. Note that the mortgage company has priority over the money so if none is left you will get nothing!!!

Chris
 
[ QUOTE ]
Talk to a solicitor that knows maritime law. There are some very good ways to sort this that are within the law, and in this the law is on your side - not like stingos misfortune.

[/ QUOTE ]Sound advice! While one might be tempted to be "gung-ho" about things and take the law into one's own hands there is a good chance the perp might be even more "gung-ho" than you and do something that you would regret - You might find your pride and joy either floating out to open sea or even sunk on its mooring. It is amazing how fast one can drill through ½" of grp with a hand drill and a sharp bit. Even if the perp does not behave in a "gung-ho" manner, he may just go the opposite way and take you to court legally.

Go talk to the local HM or local berthing/mooring authority first.
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