Topic: Banned from allotment

[Robert_Brenchley]

I don't trust church officers who march in wanting to make a load of changes. The people who know what's needed are usually sitting in the pews, and that sort never listen to them.

[Unwashed]

I've responded to the PM, and I'll post the text of what FTM is sending me.

[jules2]

The expression "practice what you preach comes to mind" there is clearly more to this than meets the eye.

It seems like you are now getting on with the council but can you post your request for information and their refusal as I can't see they have a leg to stand on and as they must by now have exceeded the time limit could be reported to the Information Commissioner.

By the way you don't have to make a formal request quoting the FOI as public bodies are obliged to treat any request for information as being subject to the FOI rules.

[Digeroo]

Fight the good fight.....

[Unwashed]

Thanks for the letter FTM, I've received it now.  As you described, you've been evicted for an unspecified breach of rules which you haven't agreed to.  You've been told to clear off by the 16th and that the church will dispose of your stuff after that and charge you for it.  you have been declined any appeal.

It's all completely unenforceable, but it shows how badly wrong landlords can get it.

S.146 Law of Property 1925 mandates the process for evicting a tenant who is in breach of the rules, and if the landlord doesn't follow the statutory requirements carefully the eviction can't be enforced in court.  You have to be told specifically what rule it is you're breaking, and you have to be given reasonable opportunity to put the matter right.

You can't be banned from your allotment while you're a tenant as you have an implicit right of access to your plot.

Those are your rights.  Enforcing is a bit more involved.  It's a long post so I'll do it tomorrow.

Are your getting support from the NSALG?

[flytrapman]

Thanks unwashed. I have contacted the NSALG and the local rep has agreed to contact the church. I have now got 10 plot holders to join the NSALG
I have 3 plots one of the plots suffered a major fire after the shed and greenhouse where destroyed by fire late last year. 1 of my other plots had not had crops grown on it prior to me taking it on for at least 10 years and the remaining plot had been abandoned and was full of rubbish and had not been used since before 1976 until I started to create a plot on it.

My friend Les who is the other person who has received the same letter banning him from the allotments contacted the local paper who printed a article
http://www.wigantoday.net/news/oap_told_to_get_off_untidy_allotment_1_2981537
The picture shows another plot and my burned out greenhouse and shed, it also states 2 people refused to sign the new agreement but at least another person refused to sign it. I

[Unwashed]

It's such a miserable shame that these church people can't be more helpful and understanding.

Note that you don't have to sign any new agreement, but it would always be possible for the church to give you 12 months notice to quit if you didn't.  Of course that isn't what they've done, they've just tried to forfeit the tenancy and they can't do that.

I'm very pleased you've got the NSALG to represent you.  You're in the right, but defending your rights is tricky and stressful and we don't need that as allotmenteers.  I mean, fair do's, there's a mess to be cleared up right enough, but the church should be talking to all the tenants about how to do it between you, and not picking on people and making up the law as they go.

Very best of luck, I'm pleased the paper got involved, it's a good piece.

[Robert_Brenchley]

It would have been better if they'd shown a pic of your plot, Flytrapman, alongside that eyesore!

[pumkinlover]

It would have been better if they'd shown a pic of your plot, Flytrapman, alongside that eyesore!

I agree with Robert, unfortunatly people will see the picture and not always read the whole article, I'd ask to have another pic used with an explanation in next weeks paper.