Topic: Locked gates

[sally james]

Can the committee of an allotmnets chang the padlocks in the evening and lock plot holders out to the next morning?
Sally

[BarriedaleNick]

I expect someone with legal experience will be along but I have never heard of this and unless it's in the rules or the tenancy agreement I cant see they would have the right to do it.

For what reason are they doing this - Has there been a load of breakins or something

[:(]

We have a big double gate for cars thats locked when it gets dark and opened in the morning.  Theres a separate door foe people on foot/bikes thats locked all the time but everyone has a key for that.

[Unwashed]

It's a difficult question.

Simple answer: No Sally.  It's an implied term of your tenancy agreement that the landlord provides you with access, and that means 24hours a day.  If the landlord won't listen you probably have to sue for breach of contract but I'm not at all sure about that.  I suspect that if you just cut the padlock off it would be criminal damage so that's probably not the first thing to go doing without some sound advice.

The more difficult answer is that if you have a licence rather than a lease then it's quite possible for the landlord to admit you during specified hours.  Most allotments are let on a lease, but LandShare plots are let under licence.  What's particularly difficult is that what differentiates a lease from a licence is not what the tenancy agreement calls itself, but the arrangements - that is, the facts.  And whether you have free access is one of those facts.  It's a bit transcendental really.  But if your allotment is what we generally think of as an allotment - your very own defined bit of ground that you have exclusive control over - than it's a lease and the simple answer's the right one.

[Digeroo]

I suppose they might have some need to change the locks maybe for example someone has got hold of a key and has been vandalising the site.   But would expect them to make all reasonable efforts to provide keys and so have someone on hand the next morning to provide them but perhaps no one was available.  Presumeably they will provide an explanation in due course. 

[Unwashed]

Oh hang on, are you just complaining that they changed the padlock, or is it their intention to lock up the site every evening and not give anyone the key?

[dtw]

Why would anybody need to go there in the middle of the night?

An excellent idea for extra night time security if you ask me.

[elvis2003]

depends what you mean by the middle of the night,we,and others are often still on our plots at 9.30.and we often pop back to make our presence felt due to recent vandalism.i also was onsite 11.30 recently,to harvest produce as fresh as i could for a cooking demo at 9am the following morning

[lincsyokel2]

It's a difficult question.

Simple answer: No Sally.  It's an implied term of your tenancy agreement that the landlord provides you with access, and that means 24hours a day.  If the landlord won't listen you probably have to sue for breach of contract but I'm not at all sure about that.  I suspect that if you just cut the padlock off it would be criminal damage so that's probably not the first thing to go doing without some sound advice.

well..............

You have a legal right of self help if you believe you have been wrongly prevented from use and enjoyment of you leased property. Its the same right you have, little known, of cutting off a private parking clamp if you have reason to believe you have been illegally clamped.

If you rent property you have a legal right to non-interference in the use of your leased/rented asset. Its exactly the same as the landlord changing the locks on your rented house, even though your rent is up to date and you have not broken any of the rules of your tenacy agreement. You have a legal right to bust the door down and enter.

i woudl write and ask them when they intend supplying you with  a key. If they say they ernt going to, i would point out it amounts to  illegal possession of your rented property. Depends how much you want to fall out with them about it.