Unlawful eviction from my plot

[daitheplant]

I hope the committeeman had your permission to take your photograph, because if not, and the image is made public, you can sue for royalties.

[mahonia]

I can only visit my friend on the allotments and help him out with jobs. By being there I am showing the committee that I am standing firm. My friend is ok as he has me to do his digging but thats what friends are for.

It is a pity we can't get in our greenhouse as we have a lovely crop of winter lettuces (Density) and mixed salad greens which will now die off through lack of water.

Also we have covered our rhubarb for forcing and before they fenced off the plot we picked a bundle of lovely pink stems.

I know the committee deserve a good kicking but we have to stay put and legal and bide our time.

We will get there, hopefully soon.

[bluecar]

Hello Mahonia.

I know you were upset over my last comment, but I was finding it difficult to see where all the advice given by A4A members had resulted in actual outcomes. Your site is extremely large. It has built up an excellent reputation for its annual show. However there are now other issues around some of the funding going to (or not going to) charity. There is also your situation.

It would still be useful to see some photos of your fenced in plot.

If your plot hasn't been fully fenced in (access to shed) then perhaps you have a get out of jail clause. Any views unwashed (or others)?

Regards

Bluecar

[mahonia]

Thank you Bluecar. I will upload some photos shortly and you could then see what we are up against.

I would like Unwashed's opinion regarding the partly fenced plots. We are not going onto the plots as we do not want to do anything unlawful.

Plot holders are asking what on earth is going on with the fenced plots as they know we are good gardeners and look after our plots. I have told them the truth.

It is a shame that the association committee are not willing to speak with us or meet us to discuss the disputes as we feel we have a right to be heard which is being denied and it would be better to resolve issues face to face rather than going to court.

I was on the allotments today in the warm sunshine helping a friend dig his plot and again I was photographed by a committee member. What is the point of that?

[Unwashed]

I'm very unsure of my ground now because it's all common law and not easy for the layman to track down.  I believe for re-entry to be effective you need to be excluded from every part of the property, so I think you could legitimately rip up their fence and carry on.  But I'd suggest that's not the best strategy because there's nothing to stop the committee trying again until they get it right.

I would suggest that the better strategy is to accept that the re-entry was effective and apply to the court for releif from forfeiture, and you really ought not leave that too long as the longer you leave it the less inclined the court is to reinstate you.

Obviously, court action is not guaranteed to succeed and if it doesn't you'll likely be stuck with an order for costs.  Just remind me again, what were the grounds for the eviction?

Do take qualified legal advice as soon as you can.

[mahonia]

Thank you Unwashed, the committee have all been sent a letter disputing their claim and asking them politely to remove the fence within 14 days or we would apply for relief from forfeiture. So we are acting promptly.

The grounds upon which they are relying are rent arrears and quoting 'the rules' stating that we are overdue with our rent by 14 days. However they have refused to let us have a copy of 'the rules'.

Our rents were paid on time on July 1 2010 and our cheque was accepted. we have worked on the plots until March 4 2011, the plots were fenced on Saturday March 5 2011 when we were not there.

In January 2011, the cheque and renewal notice were returned and the Chair claimed in her letter that we were now in arrears.

We take the view that although the cheque wasn't cashed, the rent was tendered and the landlord elected to allow us to continue on the plots for some 8 months, which we feel waived any right to forfeiture.

We feel that if the association disputed our leases, they should have acted promptly back in July 2010 at the time our rents were offered. However they did not do this and we feel that their recent actions are deliberate, calculated and unlawful.

They want us out and in our opinions the association are not bothered about the legality of their actions.

We have instructed solicitors.

Regarding the fencing, we are not going to enter the plots until the matter is resolved either by them withdrawing their action or we obtain relief as we do not want to do anything which would harm our court action.

[mahonia]

Our photo is in the Kent and Sussex Courier newspaper published today.

The article is on page 15 under the heading   'Eviction' row over allotment payments

The website is www.thisiskent.co.uk so perhaps someone would kindly do the link for us.

As you would see we are just a couple of pensioners trying to enjoy the allotments. My mistake was to complain to the Tunbridge Wells Borough Council about the businesses using the site for storage and dumping and unlawful disposal of non vegetation waste.

The association grossly over reacted and if you read our story on A4A you know what has happened to us since then.

I think that the committee made a big mistake by dragging Tara into my dispute and claiming that she is in arrears with her rent. The article does state that I paid both of our rents and membership fees back in July 2010 so where all these arears accusations are coming from we don't understand.

Tara has her own plot (in the picture) in her own name. Her rent was paid and thats that.

Tara sent a very polite letter this week to all HAHA committee members asking them to remove the fence around her plot. If they have any decency left in them, they should take it down and reinstate her tenancy.

Our story this week follows on from last week's article regarding the HAHA raffle investigation.

We are pleased with our story in the paper and the comments from the chair, Janet Sturgis have been noted.

As we told you, we have made every effort to resolve the dispute and even proposed mediation, but our proposal for mediation resulted in my being threatened and abused on the allotments.

We have decided to give HAHA 14 days to remove the fencing and if they don't we would go to court.

[tonybloke]

nope, not on page 15?

[aj]

nope, not on page 15?

I think Mahonia meant page 15 of the actual paper - not the website

[mahonia]

Perhaps djbrenton would set up a proper link to the article. Our story is on page 15 of the paper.

[mahonia]

Unwashed, would you please advise me about my visiting my friend on the site and helping him with his plot? He has invited me and I have been helping him and he is a good friend.

I understand that the committee have taken back my plot, but I am still an Association member as the membership is separate from the plot leases. The committee have never disputed my membership, just the tenancy.

Friends and family of plot holders regularly visit the site and there are no 'rules' as far as I know which says they can't.

I have been seen on the site and some committee people have taken photos of me but they have not asked me to leave so I assume they are accepting me being there.

So I think I will help out my friend and enjoy the tea and company.

[aj]

Perhaps djbrenton would set up a proper link to the article. Our story is on page 15 of the paper.

It might be on page 15 of the paper - but it isn't on the website. I have searched several times and it's not coming up anywhere...

[Unwashed]

Unwashed, would you please advise me about my visiting my friend on the site and helping him with his plot? He has invited me and I have been helping him and he is a good friend.

I understand that the committee have taken back my plot, but I am still an Association member as the membership is separate from the plot leases. The committee have never disputed my membership, just the tenancy.

Friends and family of plot holders regularly visit the site and there are no 'rules' as far as I know which says they can't.

I have been seen on the site and some committee people have taken photos of me but they have not asked me to leave so I assume they are accepting me being there.

So I think I will help out my friend and enjoy the tea and company.

Your committee are tyrants.  You have every right to visit your friend if your friend invites you, but the committee may take reprisals against your friend.  Putting yourself in harm's way is one thing, but your friend must make her own informed choice.

[nodig]

'Unwashed, would you please advise me about my visiting my friend on the site and helping him with his plot? He has invited me and I have been helping him and he is a good friend.'

Mahonia

Don't you think you have antagonised your association chairlady enough already?  Wouldn't it be a good idea to simply disguise yourself with a black beard and a mustache (or a ginger one).  That way you could help your friend in peace and not cause offence to anyone on your site.

[mahonia]

A disguise ! I should have thought of that.

It is a bit frustrating that the Courier article is not on their website. I do want you all to read it as it does demonstrate what we are up against. Maybe I would need to ask the paper for permission to reproduce it. Meanwhile I will try to upload some pics I took of the fenced plots.

I am going to see my friend on the allotments and help him out, but be assured that my lady will not be going there.

I can put up with the hassle but she can't and she must be protected from the tyrant.

The facts of our situation are that I have been in a long running dispute with HAHA but my lady has never been part of the dispute, She had her own plot in her name. HAHA sent her a renewal notice back in June 2010 and her rent was paid on time and she is not in arrears.

What HAHA have done (and this is fact) is to return the rent payment cheque and claim that she is in arrears and then evict her for non payment of rent.

So WHY did they not cash the cheque?

So WHY did they not claim arrears back in July 2010?

So WHY did they allow my lady friend to cultivate her plot for 8 months if she was in arrears?

So WHY have HAHA not applied for a possession order?

So WHY have HAHA fenced off her plot?

Please feel free to draw your own conclusions.

[Borlotti]

Confused of Enfield, either it is in the paper or not.

[sazhig]

Even if the committee had properly evicted you from your plot you could still help out other plot holders if they asked you to. When I lost my first plot that's precisely what I did - my in-Laws have plots on the same site and I visited them with my son and did a little work with them, mainly to give my son time on the plots and with them, but also to keep myself known up there as a keen allotmenteer who wanted another plot.

As far as I'm aware it takes some rather complicated legal manoeuvres and possibly the police involvement to get someone actually banned from setting foot on a site.

...you could take a photo of the newspaper article if you're keen for us to read it as well 

[mahonia]

Borlotti,  the article is in the paper but they have not put it on their website.

I have taken a photo of the article, perhaps Unwashed would allow me to email the photo to him.

Please let me know.

[aj]

Or just post it on here yourself.....

[Unwashed]

Borlotti,  the article is in the paper but they have not put it on their website.

I have taken a photo of the article, perhaps Unwashed would allow me to email the photo to him.

Please let me know.

Sure.