Please can anyone help?
I am being evicted from my allotment by the town council under Section 30, paragraph 2 of the Small Holdings & Allotments Act 1908 (I live more than 1 mile from the town boundary)
The eviction order ended on 11/12/12 and the council wrote to me on this date stating that they will instruct a bailiff on the 2nd week of January '13 to take down my shed & remove all my chattels off the site
It's a long story and I've taken advice from the NSALG all through this matter, basically the council attempted to change the allotment rules without the required minimum notice period of 12 months and attempted to enforce a non existent rule regarding shed sizes - there is no restriction in the present rules - the rule states that permission will not unreasonably be withheld
I have been trying to get permission for an 8' by 16' shed since Sept '11, the council responded by quoting a 'new' rule whereby sheds cannot be bigger than 8' by 10', I questioned this quoting the existing 'present' rule and it's escalated from there - the legal advisor at NSALG said the council have been extremely unreasonable on 2 counts;
1) The length of time it has taken to gain permission
2) Attempting to enforce a non existent rule
The council threatened me with eviction under section 30 back in February '12 if I continued to question them and their rules - I have stood up for my rights since then & the result was being issued with 2 eviction orders - I appealed the 1st, the council issued a 2nd, ignoring pleas from myself, my carer and the Allotment Society
I suffer from Bipolar Disorder, panic attacks and other mental health problems and the allotment was extremely beneficial in improving my condition. I began renting it October '09 when I lived in the town (a requirement when applying for an allotment)
Unfortunately I began to suffer from constant, unbearable anti social behaviour, which was very detrimental to my health, this lasted almost a year. In Sept '10 I was moved by the borough council into sheltered accommodation, the town council were informed of my condition and the reasons for the move and were happy to allow me to continue renting my allotment and take my money for over 2 years since then
Despite support from my Allotment Society and support of local people for me to keep my shed the size it is (there are other sheds on the allotments the same size and bigger already there) and my allotment as long as I want, plus an appeal against the eviction due to the circumstances under which I was forced to move from my home to where I am now, which is just over 2 miles from the town boundary, the council have gone ahead with the eviction
I believe it is victimisation because I have successfully stood up to them and they have had to send all the allotment holders a letter stating the new rules do not come into force until April 2013, despite making them all sign the agreement last March/April and attempting to enforce them immediately - the council are using any excuse to get rid of me as they know it will not end here - there are other issues with the new rules too
Can they just send in a bailiff any time next week without going to court?
If they do this are they breaking any laws and what can I do?