Topic: Some help on the origins or legalities of the 'Standard Plot Size'

[Bubbles26]

Hey guys wondered if I could pick your brains with regards to 'standard plot sizes'.

For ever and a day our standard plot size in North Hertfordshire was 10 poles - the national norm (or so I understand). The price of this was £56 - about average.

Recently, the council decided that they would half the size of our plots making a 'standard plot' 5 poles - also £56

Our rents are due in April so anyone with an old 'standard plot' is now being told they have two plots and should therefore pay double £112 effectively a 100% price rise.

My question is are the council allowed to call a 5 pole plot a 'Standard Plot'?

I have not had my plot (5 poles) that long and it has always been £56 which we are happy with, it is the old boys that I feel sorry for, they all have the 10 pole plot sizes and some of them who have been there for over 10 years are thinking of giving it up due to the rise in cost - £112 is a lot of money for some people to find all in one go.   

Any opinions - or pointers as to where I could find relevant info would be most appreciated :)

Thanks

[Dopey]

That is a discussing price, way over the top, you have to buy seed plants equipment, and other expenses, how do these people get away with it

[Ellen K]

Our council now splits every plot that comes vacant into 2 plots to reduce the waiting list.

I noticed on your Allotments Newletter Mar 2012 it says:

North Hertfordshire District Council Members have
decided the level of charges for its various
recreational facilities and have agreed to increase
allotment rents in line with other Council services for
2012/13 by the rate of inflation which is currently
5.2 %.

So first of all I'd ask the Council if they have made a mistake

[Unwashed]

Hi Bubbles26.

An allotments landlord is entitled to let plots of whatever size it wants, so if previously it had let 10 pole plots and it now lets 5 pole plots that's fine.

However, once let the tenant owns a leasehold interest in the entire indivisible plot and the landlord can't simply declare it to be two plots when once it was one - technically what the tenant owns is the right to the exclusive occupation a defined piece of land, a single indivisible right.  

If the landlord wants to double the rent then it will depend on what the tenaqncy agreements says whether this is even permitted, but since Harwood v. Banstead and Reigate BC confirmed by Mullins v. Eastleigh BC it's possible that a 100% increase is unlawful, and the rent review term may also be unlawful under the Unfair Terms in Consumer Contracts Regulation 1999.  Can you post the tenancy agreement?

Depending on how the landlord has tried to introduce this rent increase it may potentially have breached the Consumer Protection from Unfair Trading Regulations.  Can you post any correspondence you've had from the landlord explaining the rent increase and any demand its made for tenants to sign new tenancies?

As a separate issue if the landlord wants all of its plots to be let in units of 5 poles rather than 10 then it will have to give a minimum of 12 months Notice to Quit and then re-let the old 10 pole plots as two new 5 pole plots.

[Bubbles26]

Thanks for the replies, especially Unwashed :)

I don't have out tenancy agreement at the moment as it is a new one and our association chair has it to compare.

Everyone who has the old contract got a letter about 12 months ago giving them notice - I'm not sure what it said. I wonder if they have been given notice and asked to sign a new contact.

Since then the association have been fighting and pleading at the council to reconsider - it has got to the point now where they are considering legal action and I have been asked to do some research for similar cases where the allotment holders have won.

The 5% increase is on the 'standard plot size' price making it now £56 - the council seem to have overlooked in that news letter that they have halved the 'standard plot size'.

I didn't know about the Harwood v. Banstead and Reigate BC case - thanks for the pointer will look into that.

I'll post the contract and letters as soon as I can get them.

Thanks very much for the help - fighting councils is a new to me!
 

[cornykev]

Best of luck Bubbles, it might be better if you post your details straight to Unwashed rather than on an open forum, you never know who's eves dropping, Simon will advise.  ;)

[Unwashed]

Hi Bubbles

See if you can't e-mail Alex Mullins of the Eastleigh and District Allotments and get the details of his recent successful challenge.

If the council have given notice to the 10 pole plot holders last year it sounds as though they've done it correctly.  If your council is a borough council with other leisure facilities you might be able to use the Mullins challenge if the other services weren't also increased, but if it's a parish council that doesn't have other services you might be out of luck.

[Unwashed]

Sorry, got that linky thing wrong - here it is again.