Topic: Letter to quit plot

[sally james]

Can any one help please.
I've had a plot on this site for 27 years, I've never had a tenancy agreement on any of the three plots I've had. The then site manager / plot letter gave me his plot before he left as it had raised beds and I'm disabled, there were a number of plotholders who have moved plots,  now with a new committee the Secretary has demand I move back to my old plot, which has been taken over by another plot holder  again with the permission of the site, there are 3 of us with a letter to move back, although we've all paid, although `I paid by cheque they have not cashed it, the then chairman has signed for it. I've got crops growing, veg, fruit, herbs and flowers. No weeds as of yet!!  Can any one help please.

[Fork]

Im afraid you have a very selfish and difficult committee.They know you are disabled and that the plot with the raised beds is the best one for you.

I moved plots a couple of years ago and some people were not happy about that.I left the old plot manured and winter dug,so it was left in good order.Then along came a new secretary and a new committee who then made the rule that if you want to give up one plot and move to another you name must go on the waiting list!

I can only suggest you approach the council and put forward your case.

Good luck.

[DenBee]

When you say the old chairman signed for your payment, what did your recept state?  Did it have a plot number on it?

I agree with Fork - if they are going to be difficult, then the council is the best way to go.  Obviously I don't know your site's rules and regulations, but if the old committe allowed you and your fellow plotholders to swap around, I think/hope it would be hard for the new committee to start altering those decisions retrospectively.

Good luck.

[Unwashed]

Hello Sally

The committee can't make you move plot.  You have a valid tenancy of your new plot because it was let to you in good faith by the committee and you can evidence that by the fact that they have accepted rent for it.  It makes no difference that the membership of the committee has changed, nor that they have not yet cashed your cheque.

In law your allotment tenancy is a lease, and a lease is always for a specific piece of land so the only way for the committee to get you off your plot is to serve a Notice to Quit, but unless your tenancy agreement contains a clause to enable that they don't actually have that option because it is not an implicit condition in a lease contract.  As your plot was let to you without a written contract then the committee would have a very tough time enforcing a possession order because the Notice to Quit would likely be ruled invalid.

If you want some help writing a response to the committee you're welcome to e-mail me.

[Hector]

I would also suggest to them & council (who will be VERY aware of the impact of negative attitudes to disability support) that this is poor publicity re their attitude to disabled. Good luck with it.
Jackie

[Robert_Brenchley]

Contact one of your local Councillors, explain the situation, and that you've paid rent for the plot. Someone's being seriously awkward here, and they deserve to have life made awkward for them!

[taurus]

Don't forget the local papers as a last resort.  Its amazing how quick some folk will back down if they think their fiss hoggs will be in the news.  As specially as their clearly in the wrong.

[kt.]

If they are being so awkward about it, It could be interesting to find out who the new committee have in mind for your current plot that sounds to be in full swing.  Is it one of their own........  Have you spoken to whoever they intend to give the plot to; to see if they would have your old plot to save you moving. 

[busy_lizzie]

I think they are being very awkward and they have no power to ask you to quit your plot. They can't change the rules retrospectively, only have a say on future policy, especially if you have maintained your plot to the site standards.    As you have been advised get in touch with your councillor who I am sure will not allow a disabled member to be treated in this way. It is local election time and it would look very bad for all concerned if you were turfed off your plot when you haven't done anything to deserve it. You have "right" on your side so don't give in. Good Luck. busy_lizzie  :-* 

[Digeroo]

Is it possible to get a letter from the previous chairman stating that the move to the new plat had been agreed.

[buzzy bee]

Hi

I am very laid back usually, but things like this really wind me up, go straight to the council and forget about the comitee, they sound like a load of turnips to me!  (No offence to the people or turnips intended!)

If the council still don't help you then go public, our local paper is dieing for a story, if it is the same with your local paper, they will run the story for you, and surely then they will have to rethink there decision, for the sake of there image to everyone else.  They may not like you much after that, but if there are a few of you with these letters you won't be by yourself!

Cheers

Dave

[Pookledo]

Can any one help please.
I've had a plot on this site for 27 years, I've never had a tenancy agreement on any of the three plots I've had. The then site manager / plot letter gave me his plot before he left as it had raised beds and I'm disabled, there were a number of plotholders who have moved plots,  now with a new committee the Secretary has demand I move back to my old plot, which has been taken over by another plot holder  again with the permission of the site, there are 3 of us with a letter to move back, although we've all paid, although `I paid by cheque they have not cashed it, the then chairman has signed for it. I've got crops growing, veg, fruit, herbs and flowers. No weeds as of yet!!  Can any one help please.

hope you get it sorted.