MDL faces legal threat
01 Nov 2002
Gavin Collier, managing director of Ferretti, Pershing and Sea Ray distributors, Marina Marbella - MDL's biggest Hamble Point tenant - told BB he and other tenants are so dissatisfied with MDL that he's setting up a tenants' association.
"The tenants have now grouped together to take legal advice against MDL on this, " he said.
The major row is over work being carried out on Firefly Road, one of the main roads on the site.
Collier, whose office fronts Firefly Road, says he faces a bill of £4,000 for his share of the resurfacing work and has still not been shown plans or quotes and has no idea of how long the work will take.
The problem essentially revolves around the difference between repair work - which the tenants have to contribute towards - and capital expenditure.
The Firefly Road work is capital expenditure, say tenants, and they don't want to pay MDL's costs.
Other tenants, while backing Collier's claims, preferred not to be named. "We have to work with MDL, " said one, while another admitted he once had to resort to legal action against MDL.
Berth leaseholders cite similar quarrels with MDL, with allegations of capital expenditure on dredging being added to service charges.
MDL also faces criticism at its Brixham marina, where the safety of a boat protection structure in the marina has been raised in the Houses of Parliament by a Labour peer.
On the Firefly Road quarrel, John Watson, managing director of MDL, conceded: "I would agree perhaps communications haven't been all they could have been at our end."
But Watson was adamant that MDL behaves with total propriety towards its tenants and leaseholders. "We would only ever charge tenants what they are obligated to pay by way of the lease. The lease they signed is sacrosanct."
If we disagree on the lease there are many ways we can get views from outside parties to see what they think is fair and reasonable, he added.
Watson told BB : "I've got no desire to fight with my customers because they pay our wages at the end of the day."
We 'll take a pragmatic view as this whole thing with Firefly Road develops, he promised.
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