Topic: NOTICE TO QUIT

[Unwashed]

I'd be interested to hear what others think. 

This is the significant bit of Section 30(2) of the Small Holdings and Allotments Act 1908 and is the statutory provision the coucil used to terminate the tenancy.

... if it appears to the council that the tenant of an allotment ... is resident more than one mile out of the ... parish for which the allotments are provided, the council may serve upon the tenant ... a written notice determining the tenancy at the expiration of one month ...

So a council terminate the tenancy of an allotment with one month's notice if the tenant lives more than a mile outside the parish.

But this is what Section 1(1) of the Allotments Act 1922 say (and subsequent acts always trump previous act by the princilple of implied repeal):

Where land is let on a tenancy for use by the tenant as an allotment garden ... the tenancy of the land ... shall not (except as hereinafter provided) be terminable by the landlord by notice to quit or re-entry, notwithstanding any agreement to the contrary, except by—

(a)a six months’ or longer notice to quit expiring on or before the sixth day of April or on or after the twenty-ninth day of September in any year; or ...

This seems pretty clear to me that the 1908 Act allows a one-month notice to quit for allotments, but that the 1922 Act extends the minimum notice for allotment gardens to 6 months (which was extended to 12 months by the 1950 Act).

I'm pretty sure that the council has simply got it wrong and that the one-month notice to quit they served is defective, which means you're still their tenant and can't be a trespasser.  But that's just my opinion.

[55david]

We're trying to get as many people there tomorrow as possible, the town clerk said they don't want lots of people there and want to keep it a low key and quiet affair - I wonder why that is!

Had advice from NSALG and CAB and if the bailiff doesn't have the proper legal papers then we can have the eviction stopped on the grounds of the council breaching the agreement - in theory that is - if the police do their job properly then we're OK

We know the bailiff won't have a possession order, nor authorisation to remove our property but if the police have been misled over what rights we have (a cllr has connections with the police) then we may end up being arrested

All the advice we've had from every source we can think of have all said that this eviction is illegal, though with no possession order from the court, there is no one & nowhere to appeal to

Still, we're not giving up (that should read my partner/carer Donna is not giving up - I'm really struggling to cope with all this, it's making me extremely sick with worry)

Donna's done everything on my behalf throughout all this and without her I'd have given up long ago

Will post the outcome tomorrow, unless Donna's been arrested!

[cornykev]

All the best tommorrow.   

[Digeroo]

I am sorry to say that once they have decided to get rid of you it is only a matter of time.  Looks like they might have to give you a year but that will be it.

The police will not want to get involved with a contractual matter.

Can you apply for an allotment in your new area?   

[55david]

Donna here, David's carer/partner

Didn't get arrested, was threatened with it though

Bailiff, farmer with tractor and police arrived and I was shown a piece of paper by the bailiff which said something about being evicted under common law as trespassers under the Criminal Justice and Public Order Act 1994, Part V

Despite my insistence that this was an illegal eviction, we're tenants and are until the 31/03/13 so are NOT trespassing, the police chose to believe the bailiff's word over mine and they were not interested in seeing proof of our tenancy, nor reading my print out of Part V of the above Act, which does not apply to us in any way, shape or form

The shed was dismantled and put on a trailer at the back of the tractor along with the rest of the boarding for completing the shed and some greenhouse windows and taken away

I had to make my own list of things which were taken as the farmer said the town clerk would be at the other end to make the list - I asserted my right in insisting a list was made & the farmer signed it - I also had the whole operation filmed as evidence

Good thing too, a letter from the council received this morning listing our property is incomplete - several items are missing.  They have given us 28 days to collect our property otherwise they'll dispose of it

I now intend to complain to all bodies involved in this ridiculous, petty, pathetic farce and take legal action if the council do not return our property and put it back as it was

[cambourne7]

I think if your going to take legal action this tread now be locked so as not to jepordise your case.

Good Luck

[Digeroo]

There is nothing common law about the Criminal Justice and Public Order Act 1994, Part V it is an act of parliament.

Just read the act, I think we all need to worry if a local authority is preparted to invokes this act in this way.

Did you have a rave on your lottie?

[Unwashed]

There is nothing common law about the Criminal Justice and Public Order Act 1994, Part V it is an act of parliament.

Just read the act, I think we all need to worry if a local authority is preparted to invokes this act in this way.

Did you have a rave on your lottie?

I think we do all have reason to worry.  It's troubling that town councils will behave like jack-boot tyrants, and it's a worry that individual tenants just don't have the wherewithall to oppose it.

[vidcare]

Received some encouraging news today from the CAB, they believe the eviction is illegal and are looking into it further

We've also got our MP involved, who's emailed the council requesting they show discretion, as they have done for the past 2 years (since moving) in allowing us to continue to rent the allotment 

interesting your case Im on the end of a Eviction Notice served by our Committee in my case i have been on my plot 45 years a few years back it won the best kept plot from the council My Eviction has been a Fast Track saying  75% has tobe cultivated its a joke and 80% of the members agree  our present Committee are dictators every rule we have and the Council Guide Lines on Eviction have been bypassed I have my MP on the case it looks as if we will have to call an EGM to remove the committee interesting you mention CAB   who are them ? pitty im not able to publish a couple of pics of our Sec Garden (Double Standards)

[vidcare]

Received some encouraging news today from the CAB, they believe the eviction is illegal and are looking into it further

We've also got our MP involved, who's emailed the council requesting they show discretion, as they have done for the past 2 years (since moving) in allowing us to continue to rent the allotment 

interesting your case Im on the end of a Eviction Notice served by our Committee in my case i have been on my plot 45 years a few years back it won the best kept plot from the council My Eviction has been a Fast Track saying  75% has tobe cultivated its a joke and 80% of the members agree  our present Committee are dictators every rule we have and the Council Guide Lines on Eviction have been bypassed I have my MP on the case it looks as if we will have to call an EGM to remove the committee interesting you mention CAB   who are them ? pitty im not able to publish a couple of pics of our Sec Garden (Double Standards)

try this link  pics 1-2-4-6-8 shocking-   http://allotment-mess.blogspot.co.uk/

[Unwashed]

Received some encouraging news today from the CAB, they believe the eviction is illegal and are looking into it further

We've also got our MP involved, who's emailed the council requesting they show discretion, as they have done for the past 2 years (since moving) in allowing us to continue to rent the allotment 

interesting your case Im on the end of a Eviction Notice served by our Committee in my case i have been on my plot 45 years a few years back it won the best kept plot from the council My Eviction has been a Fast Track saying  75% has tobe cultivated its a joke and 80% of the members agree  our present Committee are dictators every rule we have and the Council Guide Lines on Eviction have been bypassed I have my MP on the case it looks as if we will have to call an EGM to remove the committee interesting you mention CAB   who are them ? pitty im not able to publish a couple of pics of our Sec Garden (Double Standards)

Hello vidcare, welcome to Allotments4All.

I've created a thread for you so you can get some help with this.  follow this link.