Topic: Tenancy Agreement

[billymac]

We never had a tenancy agreement until, in December 2010, when we were told if we did not sign the new tenancy agreement we would be given notice to quit. Our rent was paid until March 31st, so we could not understand why we were forced to sign 3 months before our rent was due. We all signed but were unhappy with some of the new rules. This year everyone paid the rent before the start of the new rent year, April 1st 2012. This week we received through the post a new tenancy agreement with 7 new rules added. No one was told there was a new agreement when they paid the rent at the town hall. Two of the new rules are “ the interpretation of this agreement the town councils decision is final” and “the town council reserves the right to make additions or alterations to the rules and tenancy agreement should it be deemed necessary”.
What I would like to know can the town council do this without any public consultation? Is this legal?

[Unwashed]

Short answer:  it's not lawful, but town council's get away with it because it takes serious organisation to challenge.

If the Council want to introduce a new tenancy agreement they need to give you 12 months Notice to Quit to terminate the current one (Section 1. Allotments Act 1922 as ammended by Section 1 of the Allotments Act 1950) and then offer you a new one.  I can't see how the threat to not re-let you your existing plot if you don't sign with less notice can be lawful as it's certainly not moral, but it happens.

I would argue that a term in the agreement that says the Council can change the rules and tenancy agreement is unfair under the Unfair Terms in Consumer Contracts Regulations 1999 if it doesn't also require the Council to give you at least as much notice as you'd need to pack your allotment up and leave, which is 12 months really. From Schedule 2, TERMS WHICH MAY BE REGARDED AS UNFAIR: j) enabling the seller or supplier to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.

Conditions like "the interpretation of this agreement the town councils decision is final" is almost certainly unfair under the Unfair Terms in Consumer Contracts Regulations 1999 as it allows the council to interpret the agreement however it wants.  From Schedule 2, TERMS WHICH MAY BE REGARDED AS UNFAIR:  m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract.

There is no obligation on a town council to consult on rule changes, and many don't.

You're free to complain to your local Trading Standards that terms of the tenancy agreement are unfair under the Unfair Terms in Consumer Contracts Regulations 1999, but there's no guaranteeing that Trading Standards will understand what you're talking about or do anything about it, and there's also a fair chance that your town council will evict you for your impertinance.

If you're all members of the NSALG you might possibly ask them to talk to the Council about it.

[billymac]

Thank you unwashed for your help.