Topic: Fly-tipping problem at allotment

[Squash64]

About 10 bundles of tubes which look as though the copper has been stripped out have been chucked over our allotment fence.

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I informed the allotments dept. at the council and was told that we should take it to the tip ourselves as they were not prepared to pay to have it removed.

It's quite bulky and I don't feel like asking plotholders to do this.

What shall I do, just leave it?  Or what?

[galina]

What an eyesore - did the culprit think the tubes look like waterpipe to make cloches out of, and dumped them thinking they might be useful?

Guess the police don't want to fingerprint them!?  Do you have communal 'working days' on your allotment to tackle such jobs together?

Hope this does not attract other flytippers.

[tonybloke]

it could be considered as 'hazardous waste'. The council ARE responsible for any waste dumped on their land!

[Squash64]

What an eyesore - did the culprit think the tubes look like waterpipe to make cloches out of, and dumped them thinking they might be useful?

Guess the police don't want to fingerprint them!?  Do you have communal 'working days' on your allotment to tackle such jobs together?

Hope this does not attract other flytippers.

If only they would dump a few nice greenhouses or cold frames it wouldn't be so bad!

I did report it to the police but they said that nothing had been reported in connection with this.
 
I don't think it should be up to us to remove it, it is much more than would fit
in my car, even if I removed the resident scarecrow.  :)

I've just sent the photo to the Council and asked them to come and remove it as it will probably attract more flytippers.

[Squash64]

it could be considered as 'hazardous waste'. The council ARE responsible for any waste dumped on their land!

I don't think we would be allowed to take it to our local tip would we?  I've just emailed the council and sent them the photo....

[1066]

That is awful!

If left it will attract more fly tipping, so insist the Council do something about it - it is their land after all

1066  :)

[landimad]

Why not cut it down and use it as bird scarers or something! ;)

[elvis2003]

or,as a compromise,ask the council for a skip and load it in yourselves?
good luck sorting this

[cornykev]

I'd have thrown it back over the fence then rung the council, you could bury it on Shirls plot before she notices.  :-X :-X :-X       ;)

[tonybloke]

I'd have thrown it back over the fence then rung the council,

good plan, Kev!!

[Squash64]

I'd have thrown it back over the fence then rung the council,

good plan, Kev!!

It is a good idea actually, because then the cost won't have to come out of the allotment dept. budget.

[Chloe]

Throw it back over the fence, that's what I've done when it's happened at our site.

Playing fair with the council doesn't always work.

Chloe

[Froglegs]

Throw it back over the fence, that's what I've done when it's happened at our site.

Playing fair with the council doesn't always work.

Chloe

And two wrongs don't make a right  ::) just phone the council let them sort it.

[Squash64]

Throw it back over the fence, that's what I've done when it's happened at our site.

Playing fair with the council doesn't always work.

Chloe

And two wrongs don't make a right  ::) just phone the council let them sort it.

I agree, it's not a very good solution but it's the only one available to us. 

I did phone the Refuse dept. at theCouncil and they asked me where it was.  When I told them it was on our allotments they put me through to the Allotments Dept.  They sent someone to have a look but because they are so short of money, they asked us to take it to the tip ourselves. 

If we chuck it back over the fence it will come under a different department's budget.   

[cornykev]

Thats why I said it, so chuck it over the fence.    :P :P :P

[shirlton]

I'd have thrown it back over the fence then rung the council, you could bury it on Shirls plot before she notices.  :-X :-X :-X       ;)

I have enough stuff on the plot to get rid of without adding that lot to it. I have never seen so much plastic on a plot. Its even been buried..You can keep yer ideas to yerself Kev. I did wonder if it had been you pikies from Essex that had dumped it. ;D ;D ;D

[cornykev]

Well I live in Middlesex Shirl, but I suppose it's next door.   :-*     ;D ;D ;D

[kt.]

We used to have severe fly tipping on our site.  Once we started reporting every incident to the police for a crime number, we started getting a skip every 4 months so we could clear it.  (money came from allotments budget though).  Police were not happy because their crime stats went up.  Now we have 8ft gates at the entrance of our site and each plot holder has a key.  Not really had any dramas since.  In the past we have apparently had plotholders who have been the main offenders.  The council have written into the rules that it if caught will result in instant eviction.

[shirlton]

Well I live in Middlesex Shirl, but I suppose it's next door.   :-*     ;D ;D ;D

Its still south ;D

[Unwashed]

The council have written into the rules that it if caught will result in instant eviction.

I can understand why you'd want to do that, but instant eviction for dumping rubbish is unenforceable and because it's unenforceable it makes the term unfair and that makes any kind of action against the individual unenforceable.

Enforcement of covenants must follow S.146 Law of Property 1925, and that says the tenant must first be given a reasonable opportunity to put right any breach or at least compensate the landlord, and only if the problem is not put right or the compensation is not paid can you enforce the covenant.

The Tenancy Agreement must also include the express right for the landlord to end the tenancy for a breach of covenant because there is no term implied by common law. 

The covenants and the eviction term must also be fair under the Unfair Terms in Consumer Contracts Regulations 1999 (this is at least true for council landlords).  An eviction term that was so broadly drafted as to allow the landlord to evict for a trivial breach of covenant would likely not be fair and so unenforceable in any circumstance.  A covenant that went beyound protecting the legitimate interest of the landlord would also likely be unfair and so unenforceable.

Evicting the tenant without grounds can be a serious mistake as there are several criminal offences the landlord can committ and several torts the tenant can sue for damages over.