Topic: Unlawful eviction from my plot

[mahonia]

Thank you for your support and advice.

I can only put my side of the story to you, but it is significant that the main officers of the association resigned and nobody came forward at the October AGM to fill vacant posts. The Association is just limping on with the the 74 year old lady acting chair, secretary and treasurer in his 70's and a couple of other committee members.

It is dying anyway and needs a fresh start.

They must realise that the end is near and don't want to go without a fight.

There are 220 plots on the site but there is no community spirit and no communal activities and folk are just too scared to speak out especially after they saw what happened to me.

There are a small group of us who have got the local newspaper on board and we hope they will publish an article about our situation.

The newspaper reporter has visited the site this week and has seen for himself the dereliction and builders materials etc. much of which has been 'covered up' now with tarpaulins to keep it out of site.

This matter is about principles rather than any personal issues. The fact is that the allotments are in a run down state and being abused by some plot holders who are running businesses and they have brought materials onto the site which are in no way 'allotment items'. It is very upsetting to see people being harassed and later evicted for having less than perfect plots while along side their plots there are the derelict ones. It is not acceptable and I am sure you would all agree with that.

For example, this month an elderly lady was evicted from her plot which is a lovely fruit orchard, which has dereliction all around her. The committee wanted to use the plot for a 'summer bbq' area.

In another post, I expressed my very real concern that we could be at risk of losing the allotments to housing development if we don't clear the mess as the council may well look at it as a 'change of use'.

Has anyone a view on this?

[Unwashed]

Mahonia, I'm sure you'll understand our reticence to wade in on your behalf.  Yours is one half of a story and it's not entirely impossible that you're the villain of the piece and to encourage you would not be fair on the other allotmenteers on your site, not least your hard-pressed committee.

I have to say I'm not at all sympathetic to your suggestion that your 74 year-old chair needs putting out to grass because of her age.  And when you tell me that no one - and I take it this includes you - came forward at the October AGM to serve on the committee then you pretty much exhaust my support.

That said, I'll help you how I can, because no one needs strife on the allotment.

Where are you.  I'm sure some kind of personal mediation is a much better way forward here than litigation.

[Digeroo]

It seems disappointing that no one came forward to be part of the committee.  To me seems like a good opportunity for some involvement.   Are people concerned that they will become responsible for the past?  I think in the circumstances you outline I myself would be very wary. 

It certainly seems wrong to me that if people object they are threatened with eviction.   Doesn't that sound familiar unwashed? 

I presume there is a lot of apathy amongst the 220 plotholders who probably moan but don't do much else. 

Changing an entrenched committee in any organisation can be difficult.  I think that the best advice so far is to talk to NSALG.   Can you get the soil tested?

[tonybloke]

mahonia seems reluctant to disclose their location.  why?

can i suggest that if 'mahonia' will not even divulge their location, this thread should stop.

[davyw1]

Well Mahonia is a young 64 year old and it could be a case of not reading the complete replies i know that i sometime miss a line.
Why is her location so important no one will be going round to investigate..........i think?

[Digeroo]

I don't quite understand why Mahonia is being subjected to this negativity.   If she does not wish to give her location surely that is her right.   

[tonybloke]

I don't quite understand why Mahonia is being subjected to this negativity.   If she does not wish to give her location surely that is her right.   

oh, it is his/her right not to divulge his/her location, but it would be easier for the forum to help if we at least new which council to approach about their allotment association constitution!

without a bit more info, I don't see how the forum can help any further?

[mahonia]

Thank you all for your help and support so far. I would prefer not to let you know which town I am in at this point in time.

The local newspaper should be running the story shortly and when it does I will let you know and you could form your own opinion.

Some of you have suggested that I may be to blame somehow. Well, yes I could have just got on with my gardening and let things carry on as they were and turn a blind eye to the dumping and the burning and the unlawful evictions.

Some people in life make a stand and try to change things for the better, but I did not expect to be at the receiving end of a malicious campaign of lies. That is very heavy handed behaviour and very harmful.

After all allotments are supposed to be a place where we can quietly and peacefully and safely enjoy our love of gardening.

I am not making a personal attack on the management committee, but rather I do not like or accept their behaviour and lack of care about us plot holders and the land.

Of course, committees are made up of volunteers and give their time and efforts free of charge. But in doing so, they take on duties and responsibilities which they may not appreciate and understand but they do have to operate within the law and within their remit.

If like myself, you are NSALG members you would read in their magazine articles about really great allotments where community spirit thrives and people help each other.

We want our allotments to be like those. Not too much to ask is it?

[mahonia]

In reply to the question of payment of rent, I sent a cheque payable to the association in a stamped addressed envelope. They cashed the cheque but did not send my membership card nor did they send me a receipt.

Its all very nasty and spiteful.

Remember I am evicted today but I am going to my plot tomorrow to pick some great carrots and parsnips and a little more digging.

No doubt my presence would be noted and I will wait and see if they apply for the injunction which they threatened to do.

I would prefer it if they spent the time and money clearing some of the mess.

Wish me luck.

[davyw1]

.

They cashed the cheque but did not send my membership card nor did they send me a receipt.

Your check book stub is your receipt

No doubt my presence would be noted and I will wait and see if they apply for the injunction which they threatened to do.

s.

They do not apply for an injunction they apply for an eviction order

And i wish you the best of luck

[grawrc]

Also your bank statement will list the number and amount of the cheque as well as the date the funds were paid out.

[mahonia]

Thank you for your helpful comments.

Much appreciated.

Does anyone know what the correct procedure is regarding the trustees and the lease. As I said before, the two trustees have resigned from the management committee so does this mean they are no longer trustees?

If so, does this mean the lease is no longer valid as it is a contract between the landlord and trustees.

[sazhig]

Having come up against problems with an association I would recommend keep plugging away with the council assuming they are the ultimate owners of the land? I kept plugging away with them, attending council meetings, requesting meetings with all parties etc and very patiently waited for them to happen with the occasional letter chasing it up. Eventually I resorted to making a formal complain to the council about our treatment and the lack of response on the associations part and that did the trick and so far I've had no further problems.

Also if it does go to court make sure your record keeping is very good now. Take loads of photos as evidence, keep a diary of all incidents etc so you can present it to the court and the judge. It really pays in those circumstances to be as best prepared as you possibly can. My hubby and I recently took on our district council re some monies they said we owed and won simply because we were better prepared than the numpty lawyer the council had employed  ;D

[tonybloke]

r.e. the dumping and burning of waste on your site, this is not a matter for the council, but for the Environment Agency http://www.environment-agency.gov.uk/

you really need to contact them about any waste issues.
folk need to have waste transfer licenses, and waste treatment licenses for any and all waste transported or treated (this includes burning)
large fines are involved for non-compliance


keep us posted of any developments

rgds, Tony

[djbrenton]

With regard to the Trustees, they don't need to be on the mnagament committee. In point of fact, they remain Trustees whether they like it or not unless the council allow them to be removed from the lease, for which a charge of around £100 is normally payable as a new copy of the lease has to be produced.

[mahonia]

I will contact the Environment Agency regarding the land pollution.

The Borough Council owns the allotment land.

Regarding the lease, what happens if the trustees are removed from the lease and nobody else is willing to be a trustee to replace them. I do not see in the circumstances that anyone would want to be a trustee especially as the association are in breach of the lease terms and the Council have made a complaint in writing to the association and trustees regarding the builders waste.

Looks like another mess to me.

I am not concerned too much about threats of injunctions etc, as I have done nothing wrong and I am not in breach of my tenancy agreement. Mind you, I don't have a tenancy agreement and they won't let me have a copy.

[elvis2003]

i only have one thing to say at this point,why havnt you contacted the NSALG? I beg your pardon in advance if you have siad you have and ive missed it in the thread

[mahonia]

Re: NSALG, I am a member and I am in touch with their legal advisor.

Posting on this forum is very helpful because we are allotment people rather than lawyers and you have a wide experience of allotment problems, which has shown in the replies.

I am sure some of you have either had personal experience of this kind of problem or know someone who has.

There are many people on the allotments who are very concerned that the association are acting beyond their authority and using the association's money to bring an action against a member.

I am not sure if an Unincorporated Association can bring an action.

The association's money belongs to the members as I see it, so surely the members should have some say as to how it is being spent.

There are a lot of derelict plots to clear and funds should really be used to get them cleared up by professional contractors.

For some reason there is no will to do this.

[Robert_Brenchley]

I've seen situations like this, and they often turn round as soon as the person causing the problem is dealt with. Usually you find that they've been bullying everyone else for so long they haven't the will to stand up for themselves, so someone has to do it for them. It only takes one, but it can be a long haul.

[Digeroo]

I do not think that resigning as Trustees takes away any sort of liability in the case of misconduct. 

You do not need to have a piece of paper for there to be a tenancy agreement in place.  You pay you dig there is a tenancy agreement.

Banks no longer return cashed cheques and now normally charge for a copy.

Sounds as if you have quite a struggle on your hands.