Berth rental without written contract

[outoppie]

If you hire a berth in a marina and pay for a year then leave after 6 months after giving 2 weeks' notice, then you are told by an employee of the marina that your berth has been sold can you reclaim the money for the months they sold? The marina does not answer any emails requesting repayment of the berth they double sold.

[buildersmate]

Probably not. What does your contract say about it?

[bednobs]

if you don't want it and have given notice, i don't understand why they shouldn't sell it again

[joko]

you have left. you broke the contract. they can do what they like with it now.

[boxtops]

If you gave notice, why can't they sell it again for the time you're not using it? Have you looked on their website, there might be some Ts & Cs there. How come you paid for a year without any documentation to back up the charge?

[outoppie]

Yes, it is a good question, Although I gave two weeks' notice that I was vacating the mooring, I had paid for the next six months. That means I could have gone back to the mooring at any time and demanded that the new moorer move out. I would not have been able to do that had they refunded the £1450.00 I had paid for the remaining 6 months. Is it not immoral to take double rental for the space?

[bednobs]

i would call it good business sense. If you had given notice, you could NOT come back and insist the person move. However, it's not good business sense to take nearly 3 grand from someone without a contract (or give it to them for that matter).
If you really want to persue it, i would try writing to them, rather than emailing them. However, with no contract, they could just say the price was for six months, or one month or whatever

[joko]

it may be immoral in your eyes, but its not illegal or unexpected...you have given notice and left...you forfeited any claim when you did that, paid or not...
why should they leave it sitting empty? it is their business to rent them out...why should they not do this just because you changed your mind...?

you just shouldnt have given notice...then you could go back whenever you wanted

i think most people would have done what they have done...

[buildersmate]

It depends whether you cancelled the contract. If you did, the payment you made was for your liability for breach of the contract (because you had a liability to pay for 12 months by the sound of it). Even though you have paid for the year that doesn't give you the right to go back and use it now, I'm afraid. You cancelled the contract.
If you wanted to keep an option open, the solution would have been to have continued to drip-drip monthly payments whilst you could have entered into a discussion and an agreement to pay a smaller sum as compensation for the breach.
One of life's lessons in the way contract law works, I fear.

[outoppie]

Thanks for your answers. It's a bitter pill to swallow but as you say it is one of life's lessons. One should not expect old fashion honour these days. As with many things these days there a few gentlemen to make agreements with.

[joko]

sorry but honour doesnt come into this...they are running a business...why should they leave it standing empty because you have reneged on the deal?

i am amazed that you seen nothing wrong with your own actions here, yet pointlessly expect them to leave it empty just to please some bizarre sense of 'fair play' you have...

you broke the deal, not them and as soon as you did that, your rights went out the window