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Danger from allotment self-management

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adamreith:
TIME TO END SELF MANAGEMENT FOR ALLOTMENTS?


To make grant applications and Field management more convenient Associations are often advised to go for some form of devolved management, obtained from their local parish or town.  This is imagined to give easier application of improvements, negotiation of rents, water supply and tenancy agreements and other such matters. It has been favoured as means of securing wider community participation and diversity in allotments and so has been the “in thing” to work for.

However the National Society of Allotment and Leisure Gardeners (NSALG) have pointed out an eviction procedure, applying to allotments under such a devolved management scheme. It is based on their interpretation of the 1922 Allotments Act (Section 1a) on advice from a junior QC dating back to 1994.  Thus suggests that any plot holder may be evicted at the will of the self-managing committee without the need to give him or her any reason for being evicted, such as breach of allotment rules or misconduct of any kind.  Your allotment tenancy thus becomes arbitrary in terms of your dependence on the will of the devolved management allotment association committee.

Obviously this may give rise to concerns:  such as the possibility of discrimination, personal vendettas, arbitrary eviction to ease a Section  8 procedure through for closing the Field where effective opposition is mounted by some members and so on.  It seems to imply a considerable loss of rights.

Association constitutions may well prohibit arbitrary evictions by building in appeals procedures and safeguards.  But some Associations are now modifying their rules to remove these special safeguards built in to their Constitutions concerning eviction.  They claim the aim is to “modernise” the Association so as to be able apply this eviction procedure to any individual.  Apart from raising the question of your right to lease a plot (which is public land) independently of an Association or membership of one, and attacking any rights to property you may have under human rights legislation, as a leaseholder, this eviction procedure does seem to make hiring a plot a more uncomfortable state of affairs.

No suggestion has been made as to how to avoid this eviction process under self-management, so perhaps it is high time to reconsider devolved management as a way of managing allotments.  It might be better to remove it from our Associations where it exists or is being attempted, and go for less complete management discretion.   

Human rights laws are not without their justified critics.  Still, your allotment plot is your property and so (arguably) is protected against unjustified confiscation by the Act. Gardeners raise the question: are we not losing an ancient right if we can be evicted without accusation of wrongdoing or breach of tenancy?

Help! Does anyone know of any further legal exploration of this matter? As a plot holder I feel endangered by sy committee's powers! ???

legendaryone:
Hi adamreith, where did you find this article ?
Our site is self managed but not totally independent from the local council. When i go my plot i had to sign an agreement which laid out the conditions which would see me evicted from the site. If the assoc was to evict me unjustly then i would be able to take my case to the council. If people are concerned then i suggest that they get onto thier own committee and see about re writing the tenancy agreements.

Robert_Brenchley:
We have a situation where a lot of day to day management is devolved to the Association, but the Council are ultimately responsible for lettings. So they'll accept lettings made by the Association, but only the Council can evict. I've always felt that was just as well!

Trevor_D:
Our site is totally independent from the council and we have a constitution - dating originally to 1910 - spelling out in great detail the whys & hows of expelling members. I've just taken over as Plot Secretary and was given pro forma letters to be sent out to those not cultivating their plot. I suggest that any group becoming self-managing makes sure they have a sound set of rules.

kt.:
I always thought we had good council backing for our committee. Due to lack of it against bad plot holders our chairman and chairwoman have now handed it all back to the council to see how they like it. So now all complaints must go to them and wait forever to be sorted....

We even have some plot holders served with ongoing court orders over some issues. One guy has 3 plots and never grows anything, ain't paid rent for 3 years, lets his pigeons out at all hours to enjoy everyone else's crop. With a huge waiting list we could put them plots to better use. People don't mind him having pigeons - it is the way his privilege of having allotments is being abused. If the council win - he will have 28 days to re home his livestock or the RSPCA will remove them for him.

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