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Allotments and bankruptcy
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Topic: Allotments and bankruptcy (Read 3418 times)
Janine
Newbie
Posts: 3
Allotments and bankruptcy
«
on:
February 11, 2010, 18:16:29 »
Hi folks
Wonder if anyone could shed some light on a rather disturbing clause in my allotment tenancy agreement.
It states that the tenancy "may also be determined" "if the tenant should become bankrupt or compound with his creditors".
The credit crunch has hit and I may have to declare myself bankrupt later in the year. I dont want to contact the council in advance as it might alert them to something they wouldnt necessarily find out about unless they were checking. Paying the rent for the plot will not be a problem whatever happens, as friends and family would chip in the £30, or I would pay a few years up front.
Does anyone know anything about this? Is there some archaic law or is it one of those clauses that are open to interpretation? Have had my plot 2 years and transformed it from a wasteland to a lovely 100% cultivated garden. Losing it would finish me off :'(
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OllieC
Global Moderator
Hectare
Posts: 3,390
Nairn
Re: Allotments and bankruptcy
«
Reply #1 on:
February 11, 2010, 18:30:05 »
Harsh as it may seem, it is in lots of tenancy agreements (have you googled "bankrupt allotment" ?). They would have to find out though so I personally wouldn't notify them on the basis that my personal financial affairs are between me & my debtors or creditors. I would also add a mate or the Mrs (or Mr in your case?) or whoever to the tenancy ASAP.
I know with ours it's in there but wouldn't normally be enforced. Assuming that you become bankrupt having done everything you can to avoid it, it would be the last straw wouldn't it!
Good luck.
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Robert_Brenchley
Hectare
Posts: 15,593
Re: Allotments and bankruptcy
«
Reply #2 on:
February 11, 2010, 18:31:20 »
If it happens don't tell them!
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Birmingham UK
http://thisandthat-robert.blogspot.com/
flitwickone
Half Acre
Posts: 129
Re: Allotments and bankruptcy
«
Reply #3 on:
February 11, 2010, 18:37:53 »
dont tell em its your business not theres
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caroline7758
Hectare
Posts: 7,267
Berwick-upon-Tweed
Re: Allotments and bankruptcy
«
Reply #4 on:
February 11, 2010, 18:46:57 »
Unfortunately bankruptcy is a public record- it will be published on the internet and possibly in your local paper. Guess it depends whether the council checks!
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Squash64
Hectare
Posts: 4,545
Re: Allotments and bankruptcy
«
Reply #5 on:
February 11, 2010, 18:58:11 »
Welcome to A4A Janine.
I've never heard of this before. I just checked my tenancy agreement and can't see it there. I suppose it varies from council to council?
I agree with Ollie, and would add someone else's name to the tenancy.
Maybe Unwashed will be able to shed more light on this.
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Betty
Walsall Road Allotments
Birmingham
allotment website:-
www.growit.btck.co.uk
saddad
Hectare
Posts: 17,894
Derby, Derbyshire (Strange, but true!)
Re: Allotments and bankruptcy
«
Reply #6 on:
February 11, 2010, 19:03:28 »
I'd get another name on the tenancy pdq... just to be sure :-X
Oh and welcome to :)
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Unwashed
Hectare
Posts: 2,735
Vexatious, moi?
Re: Allotments and bankruptcy
«
Reply #7 on:
February 11, 2010, 19:27:13 »
Yes, unfortunately it's one of the permissable reasons to end the tenancy under the 1922 Allotments Act
S.1(1)(e) re-entry for non-payment of rent or breach of any term or condition of the tenancy or on account of the tenant becoming bankrupt or compounding with his creditors, or where the tenant is an association, on account of its liquidation.
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An Agreement of the People for a firm and present peace upon grounds of common right
cocopops
Acre
Posts: 396
Re: Allotments and bankruptcy
«
Reply #8 on:
February 11, 2010, 19:35:34 »
I imagine that the lease is an old standard one and is concerned with non-payment, maybe it was a problem at the time the lease was written. It is very very likely that unless you are in areas that no-one will notice.
Having been in a similar position a few years ago I understand that you do not want the one thing that is 'right' taken away from you. Please mp me for support if you wish. I went to hell and back but there is a future. Allie x
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Unwashed
Hectare
Posts: 2,735
Vexatious, moi?
Re: Allotments and bankruptcy
«
Reply #9 on:
February 11, 2010, 20:06:39 »
Quote from: cocopops on February 11, 2010, 19:35:34
Please mp me for support
Allie, you'd get my vote. :)
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An Agreement of the People for a firm and present peace upon grounds of common right
betula
Hectare
Posts: 5,839
Re: Allotments and bankruptcy
«
Reply #10 on:
February 11, 2010, 20:11:54 »
I think it is in my tenancy agreement too.
Cn't imagine the council checking stuff like that really ???
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asbean
Hectare
Posts: 3,411
Winchester, Hants
Re: Allotments and bankruptcy
«
Reply #11 on:
February 11, 2010, 21:14:37 »
I'm sure it's in my agreement. What they don't know they can't grieve over, so don't tell them.
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The Tuscan Beaneater
Robert_Brenchley
Hectare
Posts: 15,593
Re: Allotments and bankruptcy
«
Reply #12 on:
February 11, 2010, 21:45:55 »
I bet the Council allotments department is well understaffed, so the chance of them bothering to check things like that on the off-chance will be zero.
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Birmingham UK
http://thisandthat-robert.blogspot.com/
elvis2003
Hectare
Posts: 1,702
Re: Allotments and bankruptcy
«
Reply #13 on:
February 11, 2010, 23:04:49 »
keep your head down and your gob shut (as my dad would say if i asked him his advice on this) im pretty positive there is no way anyone from the council would even hear about this,and then be bothered to follow it up. good luck with everything
rach
x
Logged
when the going gets tough,the tough go digging
Janine
Newbie
Posts: 3
Re: Allotments and bankruptcy
«
Reply #14 on:
February 12, 2010, 07:25:48 »
Thank you for all your support! That has put my mind at rest a little. They are certainly understaffed so hopefully they wouldnt check. Will look into getting a friend put on the tenancy too.
Allie I may PM you, thanks.
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Jeanbean
Half Acre
Posts: 227
Make the most of today....
Re: Allotments and bankruptcy
«
Reply #15 on:
February 12, 2010, 07:37:44 »
OMG seems a bit of a harsh rule as others have said, the lottie is where we regain our sanity when things go belly up. Welcome Janine and as advised 'Mum's the word'
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cornykev
Hectare
Posts: 9,893
Sunny Cheshunt just outside North London
Re: Allotments and bankruptcy
«
Reply #16 on:
February 12, 2010, 16:32:38 »
Hi Janine and welcome, as said already get someone on your tenancy and be careful not to tell anyone on any forums about your whereabouts or your business, big brother is always listening. :-X ;D ;D ;D
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MAY THE CORN BE WITH YOU.
beanqueen
Not So New ...
Posts: 13
Re: Allotments and bankruptcy
«
Reply #17 on:
February 12, 2010, 18:37:49 »
Hi
In my agreement ( drafted in 1930 I believe) it also states that no perennials are to be grown and that no shed or building erected without prior permission
I often think of that as I walk along passing fruit trees, bushes,vines rhubarb and sheds built of wierd and wonderful things :o
I would say nothing..all the council are concerned about it whether the rent is paid and the plot being worked
Sorry to hear your news..all the best
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Janine
Newbie
Posts: 3
Re: Allotments and bankruptcy
«
Reply #18 on:
February 12, 2010, 19:43:27 »
Cornykev good point. Thanks for your advice folks, I will wave goodbye now (I'll be back ;) )
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powerspade
Hectare
Posts: 513
Re: Allotments and bankruptcy
«
Reply #19 on:
February 13, 2010, 05:11:59 »
My Council has only one person running the 83 allotment site in our area I dont think he would he up to the job of checking newspapers etc to find out if tenants were bankrupt or not, He does`nt even check up many allotment sites full stop. I have been on my plot now for over 11 years and am on the commitee without one visit from anyone from the council. My advice to anyone who finds themselves in financial difficulties is pay your rent and keep growing your stuff
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