Author Topic: Urgent advice needed on plot eviction. (Read 21589 times)

Unwashed · « **Reply #40 on:** March 27, 2011, 20:31:28 »

What Robert said.

Nodig, I'm sure one thread is enough for your protest, please have some consideration.

elvis2003 · « **Reply #41 on:** March 27, 2011, 20:36:03 »

I cant believe what im reading! they locked her in???? My god what sort of horror bags are these people! and then the police threatened to arrest HER not THEM!

ceres · « **Reply #42 on:** March 27, 2011, 21:01:57 »

Seems like a good time to remind people of the existence of the Ignore User option. Go into your profile and follow the instructions. Posts made by any users you choose to ignore will then be hidden from you.

nodig · « **Reply #43 on:** March 27, 2011, 21:24:04 »

Quote from: Unwashed on March 27, 2011, 20:31:28

What Robert said.

Nodig, I'm sure one thread is enough for your protest, please have some consideration.

Suitably admonished. :-\

Nodig

cornykev · « **Reply #44 on:** March 27, 2011, 21:40:35 »

As said that's unlawful imprisonment, the old bill take forever to turn up and they would never have turned up blues and twos and would have taken action against the Jailers, time to move away from these posts one thinks. :P :P :P

fireman · « **Reply #45 on:** March 27, 2011, 21:54:06 »

My friend does not tell lies .The police did turn up with blues and twos on and when they got to the allotment the committee opened the gates to make it look like they hadnt locked her and her car in but police wouldnt believe they had locked her in and was not interested in viewing the video she had got of the committee informing her they had locked her in .so she doesnt know what they committee told the police what was happening way they phoned them up to attend but will find out as the news reporter has phoned police with her incidant number for a report.This situation is difficult enough for her and i have been able to give her some great advice from this site without the minority thinking she is making it up .

ACE · « **Reply #46 on:** March 28, 2011, 07:59:26 »

I'm with you Kev. It's a wind up.

powerspade · « **Reply #47 on:** March 29, 2011, 08:22:11 »

I know exactly what I would do. Firstly I would travel a good distance away and get a spare key cut. Then I would hand my plot key in and leave the allotment only to return in the middle of the night a couple of months later and then I would spray all the committee members plots with weed killer. I know its a nasty thing but so are there people (little Hilters)

shirlton · « **Reply #48 on:** March 29, 2011, 08:30:50 »

;D...........How come that you can read my mind powerspade.....uncanny ::)

fireman · « **Reply #49 on:** March 29, 2011, 09:03:43 »

Well after the drama of my friend being locked in it is now in the local paper The Derby Evening Telegraph on page 3 but not on internet as yet.She has tried to sort it with being in public but they forched her hand anyway as the story was done over the phone its not as strong as she would like but they are planning an indepth one after they have come and read all the evidance .And even though the wildlife garden was an issue it not the real reason the committee nasty as the she created the garden in2009 and battled to open it as public had payed to be involved and guess what two days after the committee said they dismantling her plot they are now opening it and she not allowed to be there and be involved.Even on the new allotment web sit that has been created by one of the nice plot holders it even said it was done by a dedicated plot holder -my friend- then they evict her.\and no before any one shouts up it is not sour grapes from my friends side about the garden remember she has all th evidance to back her story and if needed she could email any thing to unwashed to show the truth and tehn as he seems to be a respected member of this forum he could assure the odd doubter its all true.(if thats ok with unwashed)

So to the two forum members who doubted the stort being real and did not believe her then read the paper.My friend was only aware the committee had made a 999 call when it was in the paper as the press asked the police which is even worse as that number should never be used for something so trivial .My friends son is in the same police force and cannot believe that the committee would waste such valuble police time to call them when my friend was just gardening.

1066 · « **Reply #50 on:** March 29, 2011, 09:09:58 »

sounds like a real mess!
Still hoping your friend manages to sort something positive out :)

chriscross1966 · « **Reply #51 on:** March 29, 2011, 09:25:17 »

link here: http://www.thisisderbyshire.co.uk/news/Plot-bizarre-twist-999-eviction-greet-prize-winning-gardeners/article-3381144-detail/article.html

It mentions a "Wildlife garden".... on both sites I've ever been on such a thing would be a perfectly reasonable cause for eviction, it not being a properly cultivated area for the growing of crops.... but then that clause varies from site to site.....

chrisc

fireman · « **Reply #52 on:** March 29, 2011, 10:13:08 »

my friends site is not the wildlife garden that s on an area of scrubland that was cleared with a grant from b&Q to create a tranquil seeting are for locals that have always popped into the site for a cuppa and chat as the site is in the middle of a cemetary.and in 2009 they held a macmillan coffee morning that raise 700 pounds and on that day locals payed a donation to macmillan in return for sowing a pot of flower seeds in memory of a loved one and wrote a message that was then laminated and my friend grew on the flowers then when they were planted inthe garden there message was put with it .the plan was that the garden would be opened once a week for a couple of hours supervised for the local peolpe to come and have a cuppa meet the plot holders and local PCSO and they woul dmake a donation to a nominated charity for the year for there cuppa all this was with the blessing of the plot holders at the time untill the new not nice commitee took over and as i said there is a bigger issue that didnot get in the press but willl do .

goodlife · « **Reply #53 on:** March 29, 2011, 16:40:02 »

Yep..It's found in national paper too..
http://www.dailymail.co.uk/news/article-1371141/Police-called-evict-prize-winning-couple-allotment-neighbours-judged-big-wellies.html
..seem to be bit short notice for eviction though..I'm sure it cannot be legal eviction ???

lottiedolly · « **Reply #54 on:** March 30, 2011, 10:22:35 »

Yes, I have seen it also on the daily mail website

Unwashed · « **Reply #55 on:** March 30, 2011, 19:47:06 »

The situation is intolerable. The couple have not been evicted and have a right to their tenancy until either the committee get a court order for posession or else effect re-entry. I suggest that the tenants have a claim against the police who have a duty to respect tenant's property ownership.

In any case, in the case of forfeiture for breach of a covenant you can apply for releif before you have been evicted and this is what the tenant need to take legal advice on now. The committee might be able to make the eviction stick if they have acted reasonably and given the tenants a fair hearing and found them to be in breach of the agreement, but there may well be a good argument that the complaints are malicious and the covenant unfair.

I'd also argue that the notice served is not a notice of forfeiture, but a Notice to Quit, and it does not give the statutory minimum 12 months notice terminating on the aniverary of the agreement. Alternatively I'd argue that it does not comply with S.146 Law of Property 1925 in that it does not give the tenant the option of compensating the committee for the breach.

I'd also like to see the committee's authority to serve a notice enforcing the council's covenant, as it would seem that the council are the landlord.

Also, can you post the tenancy agreement please as I'd like to see the text of the covenant and the right of the committee to forfeit.

Don't delay, go and see a solicitor now.

All the very best of luck fireman.

Mr Smith · « **Reply #56 on:** March 30, 2011, 20:05:53 »

After reading about this lot in Heanor and personally I don't give a hoot who's right or wrong I'm just glad we did not get our Allotment society up and running last year, why can't people just go to their allotments do their thing, don't get involved and just go home happy, you only have to look at the posts on here and it seems to me that if your face doe's not fit with someone on an allotment committee you're off the allotment, :

1066 · « **Reply #57 on:** March 31, 2011, 07:29:46 »

It doesn't have to be that way Mr Smith, and I'm sure there are lots of good committees out there, but as usual you don't hear about good news much!

shirlton · « **Reply #58 on:** March 31, 2011, 15:50:42 »

Hope you get this sorted.

Robert_Brenchley · « **Reply #59 on:** March 31, 2011, 23:20:38 »

Quote from: Mr Smith on March 30, 2011, 20:05:53

After reading about this lot in Heanor and personally I don't give a hoot who's right or wrong I'm just glad we did not get our Allotment society up and running last year, why can't people just go to their allotments do their thing, don't get involved and just go home happy, you only have to look at the posts on here and it seems to me that if your face doe's not fit with someone on an allotment committee you're off the allotment, :

It does happen, but this site covers the whole country, and we only hear of the odd case or two. I was once in a comparable situation, with the committee trying to drive me off my plot. I'm now on the replacement committee.

News:

Author Topic: Urgent advice needed on plot eviction. (Read 21589 times)