About Premises
Unless a club is in the fortunate position of owning its own freehold site and enjoying free access to sailing water, it will normally occupy its premises as a lessee or licensee of the freeholder owner.
Clubs based on private inland waters (eg. reservoirs, lakes and gravel pits) have a particular set of issues arising from the fact that their water is privately controlled, not subject to a public right of navigation, and therefore subject to a unique set of rent valuation pressures. Many clubs on these waters regularly use the services of specialist Chartered Surveyors Lambert Smith and Hampton, whether on rent reviews, negotiations for a new lease, or rating valuation appeals.
Coastal clubs will often provide moorings for their members, on fundus rented from the Crown Estate Commissioners, or one of the many other private or public landlords who own the forshores around our coast.
In addition to valuation concerns, many clubs will want to know the implications of the Court of Appeal judgment in the case of Duke & Moore v Ipswich Borough Council (2001) EWCA Civ 1084 in which important principles for moorings rented from landlords in harbour authority areas were clarified.
If you have any further questions after having read through the area of interest to you, please do not hesitate to contact the Legal Team Tel: 0844 5569519 Email: legal@rya.org.uk.
Contact UsArticle Published: October 27, 2009 15:30