Author Topic: sharing plots (Read 7117 times)

FennelandFern · « **on:** June 22, 2009, 16:31:59 »

what are the procedures on sharing allotment plots? I have been offered a share of a plot from someone who has more room than she needs. Want to make sure she isn't going to get into trouble for letting me grow my own stuff on there...

mummybunny · « **Reply #1 on:** June 22, 2009, 16:44:35 »

I'm not really sure hope someone comes along to help.I do share a plot with my friend but we both signed the agreement when we took the plot over.

BarriedaleNick · « **Reply #2 on:** June 22, 2009, 16:50:51 »

We are private (ie not council) and you would have to inform the committee and be put on the contract. Informally this is often done retrospectively but technically you are jumping the queue so I suspect (depending on what she has signed) that she would be in breach for subletting..

cornykev · « **Reply #3 on:** June 22, 2009, 17:32:54 »

Are you stiil friends Bunny. :-X ;D ;D ;D

FennelandFern · « **Reply #4 on:** June 22, 2009, 17:52:34 »

hmm that's what I'm worried about...I don't want to cause problems. If I'm not paying her for the plot, does that make any difference?

Mrs Soup · « **Reply #5 on:** June 22, 2009, 22:15:00 »

Generally, your friend will not be allowed to sublet her plot - so she would be breaking the rules if you paid her rent. There is no reason you cannot help her out with her plot, but the committee may take a poor view of your taking on some of her area. If you work it all between you I think there'd be no problem.

If there is a waiting list on the site, then strictly speaking she should give up the half you're taking on to the next person on the list. It really depends on how the site is run.

ceres · « **Reply #6 on:** June 22, 2009, 22:32:02 »

On our site, you wouldn't be allowed to take on part of someone else's plot. It's jumping the queue if there is a waiting list. She should really give up the space she doesn't need so that it can be allocated to the next entitled person on the list.

kt. · « **Reply #7 on:** June 22, 2009, 22:42:20 »

Our council policy is: If you assist somebody with their plot on our site, they decide to give up for example... then you are off too. You have no rights to remain on the plot if it was not in your name. It is reallocated regardless of how long you may of worked it.

northener · « **Reply #8 on:** June 23, 2009, 07:54:50 »

I share a plot with a mate. I wouldn't advise it, you can never share the amount of time you spend there or really share the costs. If i were to start again i would say right thats my half and thats yours, if he did'nt put the effort in it my name on the agreement so he would have to go.

woppa30 · « **Reply #9 on:** June 23, 2009, 09:36:48 »

I'm on a council site. My lottie neighbour is getting on and has recently suffered with ill health. Rather than give his plot up he offered me 3/4 of it three years ago. No money exchanged hands. We natter a lot and I gave him some spuds and sweet williams for his wife. He is now a lot better and has taken 1/4 back so I now tend 1/2 his plot for him. Again no money exchanges hands. Some people on the site disapprove (often the ones on the committee who have two plots already but think my neighbour should give his plot up for a new person rather than me)
I accept that if he gives the plot up AT ANY TIME I will loose the half I have worked on. I know that and take that risk. Its worth it for all the gardening gems he comes out with. For example this week I had a lesson on ripening onions by bending the stems over. The week before we were feeling how hot his compost was because he was given a shredder... I hope he last another 30 years, I might become a half decent gardener :-)

Mr Smith · « **Reply #10 on:** June 23, 2009, 10:27:47 »

On our council run site we have several people who share allotments I believe they informed the council, on the other hand we have an allotment holder who shares but the agreement was changed to split the allotment into two so both people have an accountant, :)

Robert_Brenchley · « **Reply #11 on:** June 23, 2009, 13:42:36 »

Sharing is often unsatisfactory as normally only one person has the right to the plot, and often one ends up doing all the work. If you're doing it get your name on the waiting list as well, and treat it as a temporary arrangement.

Ishard · « **Reply #12 on:** June 23, 2009, 16:13:30 »

Im sure it was Unwashed (forgive me Unwashed if it wasnt) who pointed us in the direction of unfair conditions in contracts, and one of those unfair conditions is to say that when renting you cannot sublet.
SO yes you can sublet part of your allotment, and if your contract says you cant then its unfair and not legal.

FennelandFern · « **Reply #13 on:** June 23, 2009, 23:08:22 »

Ishard, do you mind explaining that a bit more? Thanks guys for all your input: I really appreciate it. The last thing I want to do is to cause any problems, so your feedback is really useful in helping me work out what to do!

ceres · « **Reply #14 on:** June 23, 2009, 23:42:17 »

Quote from: Ishard on June 23, 2009, 16:13:30

Im sure it was Unwashed (forgive me Unwashed if it wasnt) who pointed us in the direction of unfair conditions in contracts, and one of those unfair conditions is to say that when renting you cannot sublet.
SO yes you can sublet part of your allotment, and if your contract says you cant then its unfair and not legal.

I'd check that out with a lawyer first before you rely on it to obtain a plot. Unwashed kindly answered some questions I had on this and other matters. My take on it is that over the years allotment rental contracts have generally included a no sub-letting clause to preclude the development of a secondary market in plots where the highest bidder gets the plot. Allotments were provided to enable those of limited means to grow food so allowing people who can afford it to buy a plot defeats the purpose.

The no sub-letting rule has been implemented by councils up and down the land (and on private sites too). I can't see that all those highly paid council lawyers have got this so wrong. I also can't see that Trading Standards are going to be remotely interested in intervening on behalf of someone who wants to sub-let their plot.

The letter of the law MIGHT enable a plot to be sub-let, whether it could or would actually ever be enforced is a different matter altogether.

THE MASTER · « **Reply #15 on:** June 24, 2009, 01:30:12 »

it's quiet simple realy
a full plot is in the name of the contracted person signed up . that person is responsable for the full plot. there are rules that do not alow profit making ie seling produce from an allotment .
and i can't find anywere that help in any rules and regs that a friend cannot help you on your allotment

so as long as you understand that if the legal plot owner has full rights and that you understand that if at any time the legal plot owner has to give it up at any time for what ever reason . you will have to give it up aswell

THE MASTER · « **Reply #16 on:** June 24, 2009, 01:32:03 »

dont worry . ive got more to say on this subject

8)

Ishard · « **Reply #17 on:** June 24, 2009, 06:09:27 »

FenlandFern the unfair conditions are coverd by the Unfair Contract Terms Act 1999.

Hope this helps

Ish :)

lavenderlux · « **Reply #18 on:** June 24, 2009, 06:28:41 »

On our Council owned site, sub-letting is not allowed but we do have people who share a plot with a friend but they have no rights to the plot if the friend gives up and if at any time the plot or part of it isn't cultivated we would chase up the person whose name is on the tenancy agreement. We recently had an instance where someone keeps chickens on half their five rod plot and had kept the other half as grass (which they kept tidy) but talking to our field secretary who mentioned our long waiting list, said he'd be prepared to let someone have his 'lawn' area for growing crops so put him in touch with someone from our waiting list; we made the 'sharer' aware that he wouldn't have any tenancy rights and he was happy with that as it got him at least a part plot.

FennelandFern · « **Reply #19 on:** June 24, 2009, 10:55:31 »

haha turns out I'm far more anxious than I need to be! Have just chatted to my friend, and apparently she's got it all vetted with her site rep and everything! So it looks like I'm going to be allotmenteering as well as potagering very soon! Yeah!

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Author Topic: sharing plots (Read 7117 times)