Licence vs lease: what’s the difference?
The first thing to establish about any mooring agreement is whether it is a licence or a lease. The distinction carries significant legal consequences.
A mooring licence gives you a personal right to moor at a specified location for a defined period. It does not give you exclusive possession of the land or water — the operator retains control of the site. The vast majority of marina and canal mooring agreements are licences. Under a licence, the operator has greater flexibility to manage the site, move berths, and terminate the agreement.
A mooring lease is less common and grants you a more formal property right, including exclusive possession of the berth. Leases are more likely in long-term commercial arrangements and at some residential moorings. A lease provides stronger security of tenure — it is harder for the operator to terminate — but also creates greater obligations on the tenant.
In practice, most boat owners operate under licences. The relevant question is what the specific licence says about notice periods, termination, and your rights — which is what the rest of this guide addresses.
What a mooring agreement should always include
Your name and the berth address or designation
The specific berth should be identified, not just the marina name.
The start and end date of the agreement
Or a clear statement that it is a monthly rolling arrangement.
The mooring fee and payment schedule
Monthly or quarterly payments, due date, and accepted payment methods.
A full list of what is and isn't included
Electricity, water, pump-out, showers, laundry, parking, Wi-Fi — each should be explicitly listed as included or excluded.
The notice period required to leave
Both how much notice and the mechanics of giving it (written, by email, by specific date).
The operator's grounds for termination
The circumstances under which the operator can end the agreement — and how much notice they must give you.
Site rules and your obligations
Noise, pets, visitors, working on the boat, waste disposal — these should be set out clearly and you should read them.
Insurance requirements
Minimum third-party cover required, and whether you must provide evidence on request.
Deposit terms
How much, when it is refunded, and what deductions can be made.
Clauses to read carefully
These are the terms most commonly misunderstood or overlooked. Read each one in the specific agreement you are being offered — they vary considerably between operators.
Notice period for leaving
Medium riskThe most common source of unexpected cost. Most marina agreements require 1–3 months' written notice to terminate. If your circumstances change suddenly — a job move, a decision to sell the boat — you may be liable for fees during the notice period even if your boat is gone. Always check whether notice must be given by a specific date (e.g. end of the calendar month) or simply 'X months from the date of notice'.
Early termination
High riskSome agreements have no early termination provision at all — you are liable for the full contract term regardless. Others allow early exit with a penalty (e.g. two months' additional fee). A small number include a reasonable break clause. Read this section carefully: signing an annual agreement without understanding the early exit terms is the single most common source of mooring disputes.
Price escalation
Medium riskFixed-term annual agreements typically fix your price for 12 months. However, many agreements include an automatic annual increase clause tied to RPI, CPI, or a fixed percentage (often 3–5%). If the agreement renews automatically, check whether the new price is communicated in advance and whether you have a right to exit without penalty if you object to the increase.
What's included
Medium riskThe headline mooring fee very commonly excludes electricity (metered separately), pump-out, Wi-Fi, parking, and use of showers and laundry. Some agreements include 'reasonable use' of facilities; others charge per use. A berth at £320/month with electricity, Wi-Fi, and parking included is a different proposition to one at £300/month that charges for each separately. Always ask for the full list of inclusions and exclusions.
Operator's right to move your berth
Medium riskMany marina agreements include a clause allowing the operator to move your boat to a different berth with reasonable notice. This is generally legitimate — marinas need operational flexibility — but you should understand this right exists and what 'reasonable notice' means in the specific agreement.
Subletting
Low–High riskMost agreements prohibit subletting your berth to another boat without the operator's written consent. This matters if you take your boat away for extended periods and want to recover some cost. Unsanctioned subletting is grounds for immediate termination at many marinas.
Boat insurance requirements
Low riskAlmost all marina agreements require you to maintain third-party liability insurance at a specified minimum level (typically £2–3 million). You must usually provide evidence of cover on request. Allowing your insurance to lapse is grounds for termination and potentially liability for any damage your uninsured boat causes.
Liveaboard / residential use
High riskIf the agreement is for a leisure berth, occupying the boat as your primary residence may be a breach of contract — and potentially of planning law. If you intend to live aboard, this must be explicitly permitted in writing before you sign. 'Liveaboard-friendly' is not the same as 'residential use permitted'.
Deposits: what you need to know
Most marina agreements require a deposit — commonly equivalent to one month’s mooring fee — paid when you sign. This is held as security against damage to the berth or non-payment of fees and is returned at the end of the agreement (subject to deductions).
Before paying, confirm:
- How the deposit is held — some operators keep it in a client account, others mix it with operating funds. The former is more transparent and more secure.
- The basis on which deductions can be made — reasonable deductions for damage you caused are legitimate; vague clauses permitting the operator to retain the deposit for unspecified reasons are not.
- The timeline for refund — most agreements specify that the deposit is returned within 28–30 days of the agreement ending and the boat leaving the berth.
Never pay a deposit to an operator who cannot provide a written agreement for your signature, or before you have read and understood the terms. A reliable marina will not pressure you to pay before you’ve had time to read the contract.
If you have a dispute
Most mooring disputes relate to deposit retention, disputed fees, or disagreements about notice. If you have a problem with your marina operator, start with written communication — email creates a clear record.
If informal resolution fails, the relevant routes depend on the dispute. For smaller amounts (up to £10,000 in England and Wales), the small claims court is a practical and relatively low-cost option. Citizens Advice can help you understand your options.
The British Marine Federation and the Yacht Harbours Association both represent marina operators and publish codes of practice for their members. If your marina is a member and has behaved in breach of the code, raising a complaint with the relevant trade body is a useful additional step.
For disputes involving CRT-managed moorings, CRT has its own complaints process. For private moorings, there is no sector-wide regulator — your rights rest on the agreement you signed and general contract law.
Compare moorings before you commit
Browse published long-stay berths with pricing and facilities listed — so you can make a fair comparison before approaching operators.