Topic: Unenforceable rent increase

[Digeroo]

How are you going to fund a court case?

[Unwashed]

I'll represent myself.  The Council bring the action and I'll defend it.  I'm not sure there's even a fee for filing a defence, but if there is it's around £100.  Obviously I'll hope to win and then I'll ask for my costs.  If I lose I'll quite likely have to pay the Council's costs which will likely be around £500 which I can afford, but I'll be much more upset to lose my allotment.

[Digeroo]

The values seem very small is this the small claims court.  Are you sure they deal with matters of principle such as this?

[Unwashed]

It's the County Court.  The Council will apply for a possession order and that costs around £100 for them to file their claim.  I'll then get a chance to file a defence and if there's a fee it's around the same amount.  It's legal representation that really costs.  If I'm mistaken perhaps someone can put me right.

[Ellen K]

TBH it's possible that your fellow plot holders don't want to get involved in what has become a personal dispute between you and the Town Council, sorry but that is what I would think.  Allotmenteers just want to grow stuff on own rented bit of heaven and many see the rent rises as a market forces thing.  Now that there are waiting lists the landlords can charge more and still fill all the plots.  Even at £10/pole, they could rent them so of course rents will increase and if tenants decide to leave or go over to half a plot then that frees up a space for someone on the waiting list and also perhaps dislodges gardeners who are not so keen.  A win all round from the landlords PoV.  But it stinks I know.

I hope you don't lose your plot, it seems you are gambling with something you love and that is risky.  But I can see why you are doing it.  Good luck.

[Digeroo]

Are you going to evict you even if you paid the extra in which case there is no alternative than to fight?

[Unwashed]

Are you going to evict you even if you paid the extra in which case there is no alternative than to fight?

It's a long story really.  Short answer is that if I don't show them up now to be the abusive tyrants that they are then if I back down on this there'll be something else.  I already have another eviction pending because I won't just give up the end of my plot like they've told me to - my plot runs right up to the hedge and if they want to create a path around the site then there's a process for telling me to give it up, but Newbury Town Council don't do process, they just want people to shut up and do as they're told.  And if not that then they'll just invent something else.  I'm surprised that they haven't already told me that I can't take my dogs to my plot because they know I'd tell them to stick that up their arse.

[Ellen K]

Unwashed, may I ask: where are you now with this?

I hope you weren't evicted from your plot after all.

[Unwashed]

Hi DV, thanks for your concern.  I suspect that quite a number of Newbury's 550 allotmenteers are now starting to ask the same question and wondering whether they were duped into a 47% rent increase that they shouldn't have been asked to pay.

I got an e-mail from the Council a few days before the 13 December deadline telling me again to clear off but I told them again clearly that I would not be going and that it would probably now be a good idea if I spoke directly to the Council's solicitor.  The deadline came and went without incident.

The Council's solicitor has now accepted my suggestion for a discussion.

In other news, the Council have made the unprecedented proposal that this year allotment rents should not increase at all...

[Ellen K]

Well, I am really glad to hear that.  I would be very sad to lose my own plot so I would have been a total wimp and just paid up and kept quiet.  But they've been very arrogant in their dealings with you, it is interesting to hear they didn't follow through with their threat - and making empty threats of legal action to coerce you possibly fulfills the legal definition of harassment.   They're idiots, if you are going to take someone on like this, you have got to be squeaky clean.   But they think they are untouchable.

Good luck we are all here wishing you well even if it is from a safe distance.

[daitheplant]

I`ve just seen this thread. Unwashed, if you win this fight I hope the morons who are your fellow allotmenteers feel suitably ashamed of themselves. Can`t the idiots see that if you win they will benefit also? It`s real David and Goliath stuff, I hope this fight has the same outcome. :)

[Unwashed]

Cheers Guys

Dai, I'm disappointed that my allotment society hung me out to dry and didn't speak up but the most wretched thing about how the Council have behaved is the division and resentment it will cause amoungst the allotmenteers so I don't feel bad towards my fellow plot holders.

DV, I've had my plot here in Wash Common for about 15  years, and when I moved here from Essex I'd started working my plot for a month living in digs before I even completed on the sale of my house.  I'm about as enthusiastic about the allotment movement as you could be and it would be a terrible blow to lose my plot, but I haven't liked how I've seen the Council push people around and sometimes you have to stand up to bullies.  They just don't get it.

[daitheplant]

Have you tried getting help from the NSALG?

[Unwashed]

I've asked the NSALG to help but I wasn't a member when this all kicked off and so they are unable to do much to help me, which I quite accept.

As it is I've not needed any help to understand my rights, the problem has been that Newbury Town Council choose not to respect those rights.