Topic: Unenforceable rent increase

[Unwashed]

Newbury Town Council are at long last going to consider my complaint that this year's rent increase is unenforceable due to the unfairness of the rent review term under the Unfair Terms in Consumer Contracts Regulations 1999.

I have been invited to put my complaint to the Community Services Committee who can decide whether they agree that the rent review term is unfair or whether to press ahead with court action in December to enforce the eviction they served me in April.  I'm confident of my argument so I would welcome the opportunity to go to court to vindicate my position, but it would also save me some considerable hassle if the council just agreed now to do the right thing.

For a bit of background, our rent was increased from £4.71 per pole to £6.94 per pole, and I have argued that the rent review term in the tenancy agreement that allows the council to impose a rent increase is unfair under UTCCR 1999 because the increase is imposed without notice and the agreement obliges me to give 12 months notice to quit.

I raised the Regulations with the Council's Chief Executive last summer but he would not discuss it with me, and despite many attempts not a single councillor has been willing to discuss this either.  It's fair to say that it's the Council's arrogance that has provoked me to take a stand more than the money involved.

If you're in Newbury Monday night and want to lend some moral support, that would be nice. :)

[Nigel B]

I wish I could be there, even if it was just to meet your good self.....

...Oh, that, and the fact that I love to hear an informed debate.

Wishing you the best of luck Unwashed... 8)

And remember...... Take no prisoners. (They are expensive to feed.) ;)

[Squash64]

I wish I could be there too but it's a bit far.

I hope all goes well for you Simon, it's been going on for much too long now.
Good Luck!

[saddad]

Good Luck...  :)

[manicscousers]

Wishing you the best of luck, bit too far for us, hope someone can make it

[cornykev]

I'll be there in spirit, best of luck Simon.     ;D ;D ;D

[tonybloke]

It's a bit far to travel mate, but my thoughts will be with you, for sure!!
a voice-recording device can be handy in such meetings, btw.
I'll look 4ward to reading the councils minutes.

rgds and good luck, Tony

[grannyjanny]

Good luck. Have you had a course in shorthand ;).

[Mr Smith]

     



             Unwashed,
                                   If I was closer to Newbury I would be there giving you support, going off your posts I think you will have put a good case together, 'go and get em', :)

[Digeroo]

I wish you all good luck but do not hold your breathe.  I once took Gloucestershire all the way on a complaint and a tribunal upheld my case but Gloucestershire still refused point blank to abide by the decision. 

I really think that you need to press the point about reducing cost by self management.    Have you got other plot holders for support? 

[Ellen K]

Good luck.

It would be nice of there were a way for all to be resolved and things could go back to amicable (or, at least, business-like).

But it seems unlikely that will happen because the council don't know when it's time to move on. 

Let us know how you get on.

[lottie lou]

Wishing you the best of luck and will keep all my fingers and toes crossed.

[Unwashed]

Many thanks everyone, I really appreciate your thoughts.

Have you got other plot holders for support? 

No, just me. 

[Digeroo]

Do try and think what you are really want to achieve and then fight for that.  Councils are being asked to cut huge amounts from their budgets so will not be in a position to budge on this.

[tonybloke]

Do try and think what you are really want to achieve and then fight for that.  Councils are being asked to cut huge amounts from their budgets so will not be in a position to budge on this.

well, if they let the site(s) become self-managed, they could budge on their budget

[Unwashed]

Newbury Town Council levies a precept on the borough council so it is under no pressure to ecconomise, and has already signalled its intention to increase the precept, which has already gone up by 12% in real terms over the last six years, without any increase in service provision.

Self-management would save around 15% on the precept, and the Council refuse to discuss it because the allotments are £125k turnover business for them - £250 per plot!

[Digeroo]

Newbury Town Council levies a precept on the borough council so it is under no pressure to ecconomise, and has already signalled its intention to increase the precept, which has already gone up by 12% in real terms over the last six years, without any increase in service provision.

Self-management would save around 15% on the precept, and the Council refuse to discuss it because the allotments are £125k turnover business for them - £250 per plot!

I find this confusing they are trying to save money in every other way. 

[Unwashed]

Not Newbury Town Council.  No one pays much attention to what the parish councils spend because their budget is like 1% of the borough council's budget, and it's borough councils that have had their central government grant reduced.  Parish council's levy a precept on the borough council and all the borough council can do is colect the precept as part of the council tax, it can't tell the parish council to ecconomise.

[gp.girl]

Still seems insane to me  ???

They could buy loads of biscuits for council meetings with the money saved. Or even some play equipment, salt for the roads....

[jules2]

We have the same problem, our parish council refuses to allow us any input into the allotments from self management all the way down to an allotment representative  and then complains the allotments are heavily subsidised ( even thought they keep no record of costs ) when we ask for anything to be done.

This year we watched in amazement as it took up to four workmen two weeks to cut a couple of hundred yards of hedge which would have taken the average farmer less than a hour.