Marina want three months notice to leave

[SimonA]

My Marina are insisting on three months notice to leave the mooring despite this running over the yearly renewal date by a month. I'm wondering if this is fair?

My mooring contract runs from the 1st April and this is the date any price increases also come in. I've informed them of my intention to not renew my mooring and they claim as I pay quarterly it's a rolling contract and I need to give three months notice, which extends a month into the next year for which they haven't yet set the price. I've read their terms and conditions which do indeed state three months notice is required, but I've always taken this to mean mid contract and not before the start of a new year.

I don't really want to pay for a month I'm not using and I'm certain they will allocate the mooring to another boat on my departure, thus getting paid twice for the mooring space.

 

[Momac]

The terms of the contract seem quite clear at three months notice required.

 

[SimonA]

These are the relevant parts of the contract -

1.4 At the end of the Initial Contract Term the Annual Berthing Contract shall continue until such time as either the Company or Owner shall terminate in accordance with clause 8.

8.1 In the event the Owner wishes to terminate the Contract at any time, the Owner must give the Company not less than three months’ notice in writing.

 

[Roger52]

The definition of "Initial Contract Term" is clearly most important. I assume it refers to the first agreement you had. If you are no longer within that period 8.1 requires 3 months notice.

 

[volvopaul]

My Marina are insisting on three months notice to leave the mooring despite this running over the yearly renewal date by a month. I'm wondering if this is fair?

My mooring contract runs from the 1st April and this is the date any price increases also come in. I've informed them of my intention to not renew my mooring and they claim as I pay quarterly it's a rolling contract and I need to give three months notice, which extends a month into the next year for which they haven't yet set the price. I've read their terms and conditions which do indeed state three months notice is required, but I've always taken this to mean mid contract and not before the start of a new year.

I don't really want to pay for a month I'm not using and I'm certain they will allocate the mooring to another boat on my departure, thus getting paid twice for the mooring space.

I was once in the same boat , which marina is this as it’s the only one I know that requires 3 months , I was told this was so they can advertise the mooring and fill it as soon as you leave .

 

[SimonA]

It's Castle Marinas.

 

[BruceK]

Fair or not it's in the contract. You're scuppered imo. When I first bought a boat and was looking for a marina (thank goodness I never did take any marina offering) I saw in the contract that if I ever sold my boat while it was in the marina (and it's not them selling the boat mind) that they would be entitled to 10% of the sale. That went down like a lead balloon and put me right off.

 

[ari]

I saw in the contract that if I ever sold my boat while it was in the marina (and it's not them selling the boat mind) that they would be entitled to 10% of the sale. That went down like a lead balloon and put me right off.

£100,000 to the marina on the sale of a million pound boat!? I think my boat would not be in that marina the day that I sold it - just outside probably, while the money and bills of sale were exchanged. New owner can take it back in if he wants.

 

[Sishoe]

I'm with Castle Marinas, in the middle Jan I received a renewal notice, which to take up I had to pay a deposit of £500.00 by the end of Jan to secure the berth.
The notice said nothing about giving 3 months notice to leave, just to give them as much notice as possible if not renewing.
I've not paid the deposit, I never do.
I've generally found Castle pretty flexible, allowing me to move onto a 1 month rolling contract mid contract (subject to giving 3 months notice) when I've been selling my boat.

 

[bedouin]

This is clearly unfair under the "unfair terms in consumer contracts regulations". In fact one of the examples they give in their guidance is precisely that.

Write and give them at least one month's notice in writing, stating that more would be excessive under the regulations and leave it at that.

 

[PeterBoater]

I saw in the contract that if I ever sold my boat while it was in the marina (and it's not them selling the boat mind) that they would be entitled to 10% of the sale. That went down like a lead balloon and put me right off.

Not legally enforceable, the precedent was set by a court case on the East Coast a few years ago that was written up on this forum at the time.

 

[BruceK]

Not legally enforceable, the precedent was set by a court case on the East Coast a few years ago that was written up on this forum at the time.

It was more than a few years ago I was looking so quite possible it has now been excluded. I just thought at the time that it was pure coercion and a hustle.

 

[ari]

Not legally enforceable, the precedent was set by a court case on the East Coast a few years ago that was written up on this forum at the time.

They'd be very welcome to try!

Imagine that in court - 'Yeah, we've got this clause see, so that if someone sells a boat in our marina we can help ourselves to a few thousand pounds of the proceeds'.

'But there is no justification for the money, no action or expense on your part, and the boat wasn't even in your marina at the time it was sold'.

'Well, no, but we'd still quite like a huge chunk of money please!'

Perhaps I'm misguided, but I can't see that going very far (or the negative publicity being very helpful to them).

 

[Portofino]

They'd be very welcome to try!

Imagine that in court - 'Yeah, we've got this clause see, so that if someone sells a boat in our marina we can help ourselves to a few thousand pounds of the proceeds'.

'But there is no justification for the money, no action or expense on your part, and the boat wasn't even in your marina at the time it was sold'.

'Well, no, but we'd still quite like a huge chunk of money please!'

Perhaps I'm misguided, but I can't see that going very far (or the negative publicity being very helpful to them).

Without sight of the whole contact ,
This doing the deal outside then the new owner popping the boat back is still a sale in my book if the seller is still in contract time wise with the marina .
Eg 12 month connect signed , on the 1-1-18 seller does this trick ( thinking he’s smart) on 25-12-18 , then marina is due what’s was agreed - while the boat had the mooring lease ,

Justification could be the marina has a multifaceted income stream modal , yeh , some bulk leases payments , then flogging leccy + markup , water + markup , haul outs / ins , Hard standing , washing off , a chandler, which had a broker section , it’s own engineers etc etc. ,
Small print that the punter willing signed explains all that .
So one tiny facet the brokerage fee , you don,t have to use them , but may as well since it’s gonna be an additional 10 % .

Obviously devil is in the whole detail of what YOU willingly agreed .
A 12 month time out is hardy punitive for it to expire either .
In my example why not wait a month for the contract to expire ( or give notice in adherence) and move the boat outside this marina ?

 

[Seastoke]

Look at it the other way if they gave you a month to move from the marina ,you would expect 3 months to find a solution

 

[Portofino]

My Marina are insisting on three months notice to leave the mooring despite this running over the yearly renewal date by a month. I'm wondering if this is fair?

My mooring contract runs from the 1st April and this is the date any price increases also come in. I've informed them of my intention to not renew my mooring and they claim as I pay quarterly it's a rolling contract and I need to give three months notice, which extends a month into the next year for which they haven't yet set the price. I've read their terms and conditions which do indeed state three months notice is required, but I've always taken this to mean mid contract and not before the start of a new year.

I don't really want to pay for a month I'm not using and I'm certain they will allocate the mooring to another boat on my departure, thus getting paid twice for the mooring space.

Looks pretty clear to me 3 months any time .You will be liable to the extra month because you are 1 month too late .

Goodwill
I would tread carefully , if you have a good relationship with the management then there are two discretionary things that you require them to do in your favour , totally discretionary.
1- bill the last month which drops outside an annual bulk reduced price at 1/12 of that new price or better 1/12 of the old rate .
2- Get them to waive the last month ( or any free time when you go ) IF they fill the berth with a new fee payer .
In otherwords you are so on good terms with the management that “ we will see what we can do mate “
They don,t infact get end up with a double payment .

Wear the marina owners hat when you reply please :encouragement:

Both sets of lawyers will get paid n a court case , lawyers just love argumentative blokes with big egos
Without them practice T/o would shrink

Don,t go there !

 

[superheat6k]

These are the relevant parts of the contract -

1.4 At the end of the Initial Contract Term the Annual Berthing Contract shall continue until such time as either the Company or Owner shall terminate in accordance with clause 8.

8.1 In the event the Owner wishes to terminate the Contract at any time, the Owner must give the Company not less than three months’ notice in writing.

Is there a counter clause to 8.1 where they have to give you 3 months notice if they wish to terminate for any reason ?

Without seeing the whole of the contract it is difficult to second guess it. But as has already been said, the 10% on an independent sale has already been set in law as an illegal contract term, so clearly their terms are out of date / out of step with current law. Possibly the clauses here may constitute similar, after all your actual contract is only for 1 year each year. For instance what if they quadruple the fee ? They could demand what is presently 1 year's fee just for you to leave at 3 months notice - hardly a fair situation.

One for JFM perhaps.

 

[ari]

But as has already been said, the 10% on an independent sale has already been set in law as an illegal contract term, so clearly their terms are out of date / out of step with current law.

To be fair, we don't know whether BruceK was talking about the same marina, or just something he found in a marina contract when he was looking for a berth.

 

[Seastoke]

To be fair, we don't know whether BruceK was talking about the same marina, or just something he found in a marina contract when he was looking for a berth.

I think bruce input was not applicable to the op so should be on another thread

 

[superheat6k]

Is there a counter clause to 8.1 where they have to give you 3 months notice if they wish to terminate for any reason ?

Without seeing the whole of the contract it is difficult to second guess it. But as has already been said, the 10% on an independent sale has already been set in law as an illegal contract term, so clearly their terms are out of date / out of step with current law. Possibly the clauses here may constitute similar, after all your actual contract is only for 1 year each year. For instance what if they quadruple the fee ? They could demand what is presently 1 year's fee just for you to leave at 3 months notice - hardly a fair situation.

One for JFM perhaps.

As I understand it an unfair contract term can mean one not properly understood or explained when a non-lawyer punter signs up for something, so if he thought the clause did not mean after the end of an actual contract then the party pressing for extra costs could find themselves in difficult territory. The solution here would be for the OP to remove his boat, make absolutely sure he pays every penny he does owe within the contract he understands, then explain in as few words as possible if the Marina want more dosh they will have to sue and at that point explain your view the contract terms referred to were not adequately explained and as such are, in his view, unfair.

So ~ 1 months rent = £3 to 400 is the marina really going to sue and risk getting a very bloody nose ?

But you will be burning the bridge so do not ever expect to return, not even as a visitor, in case some smart arse decides to play the Lien card.

Today I paid a Holiday Inn parking ticket for a business meeting at said Holiday Inn, where I was a guest. £60 was simpler than the hassle of arguing, and at some point I will get it back when one of their hotels require the AC fixed. Always has worked for me in the past - the best was when my car was hit by an idiot pulling out in front of me then AON spent months telling me their insured and photographed idiot was in the right. This they did not realise cost them ~ £5,000 when their Head Office AC needed fixing. Malicious - not really, adjusting the balance - definitely.