Author Topic: Who is the landlord?  (Read 3572 times)

BarriedaleNick

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Re: Who is the landlord?
« Reply #20 on: November 07, 2016, 10:39:41 »
The affiliated 'site' is nothing more than the sum of all its members, all paying 2.75 to NAS as affiliated members and therefore all equal.  I can't see how the management then magically becomes priority users of NAS services, limited services as they may be.  If NAS lends an ear to management but not to ordinary members why are ordinary members paying 2.75 to in effect help the management act against them?   

That is merely a unit based fee for sites from NASLG which I guess your site decides to pass on to you directly as a site member, but it doesn't confer individual membership on you if you are paying it.  We don't charge our members directly although the subs do of course come out of general funds which the members pay.  Whether or not NASLG will give you initial legal advice based on the fact that your site pays the membership is something you would have to take up with them..  As I said above I could be wrong

As to "management acting against them (members)" - I would hope that most management act in the interests of the majority of members not against them and the NSALG don't act against anyone - they give a very limited legal onetime opinion on questions put to them.  If it concerns you then talk to them.

Tel: 01536 266576
Email: natsoc@nsalg.org.uk

bluecar

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Re: Who is the landlord?
« Reply #21 on: November 09, 2016, 21:10:22 »
NAS don't "step in" - they are not an arbitration service and they don't "sort things out".  Members are entitled to free initial legal advice so if they are members then they are entitled to ask for it - as we have done in the past when we had issues with a member.  It is a good service but a limited one but the tenant or member is not also entitled to legal advice - only the site or individual who is a member.

Hello all.

I've been away for a few days so I'm just catching up on the posts. First of all, by suggesting that NAS could give support on sorting this out was not meant to imply that they would sort it out themselves, only that they would give you an opinion on what options may be available to you and as to whether or not the committee may be considered the landlord. Nor was it meant to imply that they would step in and act as the mediator between the plot holder and whoever is defined as the landlord.

Some times the phraseology that you use, whilst it seems right at the time, has different interpretations to individuals so my apologies for the lack of clarity.

Also, I agree with BarriedaleNick regarding the role of the management committee. The committee is there to manage the allotments on behalf of the plot holders. As Johhnyco15 says, this occasionally means that plot holders need to made aware that the cultivation of their plot needs to improve and a process of monitoring whether improvements are taking place needs to be invoked. Should improvement not take place than the tenancy needs to be terminated. This process needs to be part of rules of the site and the tenancy agreement needs to include agreement to the rules of the site.

Plotpod's queries are:

Who is the Landlord?

Can the committee use the 12 month notice rule under the allotments act to terminate a tenancy?

Hopefully to move things on. who signs the tenancy agreement other than the plot holder as this should be the landlord?

Also, have you been able to talk to the Council as to their views as to who is landlord?

Regards

Bluecar



plotplod

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Re: Who is the landlord?
« Reply #22 on: July 30, 2017, 09:24:47 »
Thanks for all this 'conversation' - we do have systems for managing plots and plot holders but they take so long and are being abused by some people to enable them to stay on their plots when they are not being properly looked after! And we are sick of having to keep sending endless letters when they don't respond and we don't see the tenants when we walk round.
It appears we ARE the landlord so we will be serving notice under the allotments act on tenants who, after naming and shaming on our notice board and being given 31 days to improve, still don't look after their allotments. We feel very fed up and that we are wasting our time trying to maintain the plots as we want them.
Closing this conversation down shortly.

Tee Gee

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Re: Who is the landlord?
« Reply #23 on: July 30, 2017, 10:17:13 »
Just a thought!

In industry it is customary for the 'management' ( indeed it might be law) to display a notice for Health and Safety reasons, couldn't a similar thing be done for allotments.

Perhaps a similar notice giving basic rules ( adjusted to suit local issues)  could be put up on all sites and displayed in a prominent place.

At least in this way all the tenants old and new would know the basic rules of the site without anyone having to resort to telling them thus potentially ensuring that no one is personally faced with giving such advice.

This would also be ammunition for the Secretary / Committee dealing with a a problematic plot holder: as then they would  only need point the offender to the notice.

Perhaps the NAS could produce a 'basic' notice (Just Like 'elf and welfare' do) and the plot secretary can then contact them and buy one.

This would keep costs down as NAS could buy in bulk and we would then have the semblance of a 'National Allotments Association' rule book.

Obviously National Rules will create the old adage of:

You can please some of the people some of the time
But not all of the people all of the time!


As I said this is only a thought...Tg





Allotments 4 All

Re: Who is the landlord?
« Reply #23 on: July 30, 2017, 10:17:13 »