Topic: Eviction for poor cultivation

[Unwashed]

I'm starting a new thread for vidcare's post: 

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)

I'm sorry to hear about your problems Franky, after 45 years on your plot I'd have hoped you'd have earned some peace and quiet.

CAB are the Citizen's Advice Bureau.  Most towns have one and their advice is free.  They offer some consumer advice so they might be able to help you, though sadly knowing your rights and getting your rights are two completely different things.

You'll not necessarily get much sympathy here for an eviction for poor cultivation as there are quite a number of committee here whose job is made difficult by just this problem, but it does sometimes happen that people are unfairly treated, and even when the cultivation has fallen below the required standard you still have minimum legal rights which the committee must respect.

Section 146 Law of Property 1925 says that if you're breaking a rule of your tenancy (such as poor cultivation) then you must be given written warning with reasonable time to put the matter right.  Ultimately it's the courts that decide what "reasonable" means, but generally it means enough time for you to fix the problem if you apply yourself, taking into account the nature of the thing. If your tenancy agreement has a term about being given a certain period of notice then that is just a minimum, the tenancy agreement can't contract out of your statutory entitlement to "reasonable" time.  Being required to dig over 75% of a plot in the middle of winter is not altogether reasonable - what did your notice say?

If you've been served with a notice of forfeiture for poor cultivation you can potentially apply to the court for relief, but it's potentially very expensive to do, and while it should be possible, it's not really something to do without legal help.  For the couple of grand it could end up costing you it's not really a practical option.

I'm guessing you're not a member of the NSALG (or whatever they're calling themselves now?  No matter if you're not, they're about as useful as a chocolate fireguard anyways.

Best of luck.

[daveylamp993]

I'm starting a new thread for vidcare's post: 

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)

I'm sorry to hear about your problems Franky, after 45 years on your plot I'd have hoped you'd have earned some peace and quiet.

CAB are the Citizen's Advice Bureau.  Most towns have one and their advice is free.  They offer some consumer advice so they might be able to help you, though sadly knowing your rights and getting your rights are two completely different things.

You'll not necessarily get much sympathy here for an eviction for poor cultivation as there are quite a number of committee here whose job is made difficult by just this problem, but it does sometimes happen that people are unfairly treated, and even when the cultivation has fallen below the required standard you still have minimum legal rights which the committee must respect.

Section 146 Law of Property 1925 says that if you're breaking a rule of your tenancy (such as poor cultivation) then you must be given written warning with reasonable time to put the matter right.  Ultimately it's the courts that decide what "reasonable" means, but generally it means enough time for you to fix the problem if you apply yourself, taking into account the nature of the thing. If your tenancy agreement has a term about being given a certain period of notice then that is just a minimum, the tenancy agreement can't contract out of your statutory entitlement to "reasonable" time.  Being required to dig over 75% of a plot in the middle of winter is not altogether reasonable - what did your notice say?

If you've been served with a notice of forfeiture for poor cultivation you can potentially apply to the court for relief, but it's potentially very expensive to do, and while it should be possible, it's not really something to do without legal help.  For the couple of grand it could end up costing you it's not really a practical option.

I'm guessing you're not a member of the NSALG (or whatever they're calling themselves now?  No matter if you're not, they're about as useful as a chocolate fireguard anyways.

Best of luck.

I Totally agree about NSALG They are useless,as previously in my post earlier,and they are expensive,unlike theallotmentsandgardenscounciluk.org.uk these are proper people for allotment holders

[BAK]

theallotmentsandgardenscounciluk.org.uk .. website cannot be found?

[telboy]

Try
www.theallotmentsandgardenscounciluk.org.uk

Good luck to you.

[BAK]

I have telboy ... it may be offline temporarily. I will try again tomorrow.

[vidcare]

I'm starting a new thread for vidcare's post: 

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)

I'm sorry to hear about your problems Franky, after 45 years on your plot I'd have hoped you'd have earned some peace and quiet.

CAB are the Citizen's Advice Bureau.  Most towns have one and their advice is free.  They offer some consumer advice so they might be able to help you, though sadly knowing your rights and getting your rights are two completely different things.

You'll not necessarily get much sympathy here for an eviction for poor cultivation as there are quite a number of committee here whose job is made difficult by just this problem, but it does sometimes happen that people are unfairly treated, and even when the cultivation has fallen below the required standard you still have minimum legal rights which the committee must respect.

Section 146 Law of Property 1925 says that if you're breaking a rule of your tenancy (such as poor cultivation) then you must be given written warning with reasonable time to put the matter right.  Ultimately it's the courts that decide what "reasonable" means, but generally it means enough time for you to fix the problem if you apply yourself, taking into account the nature of the thing. If your tenancy agreement has a term about being given a certain period of notice then that is just a minimum, the tenancy agreement can't contract out of your statutory entitlement to "reasonable" time.  Being required to dig over 75% of a plot in the middle of winter is not altogether reasonable - what did your notice say?

If you've been served with a notice of forfeiture for poor cultivation you can potentially apply to the court for relief, but it's potentially very expensive to do, and while it should be possible, it's not really something to do without legal help.  For the couple of grand it could end up costing you it's not really a practical option.

I'm guessing you're not a member of the NSALG (or whatever they're calling themselves now?  No matter if you're not, they're about as useful as a chocolate fireguard anyways.

Best of luck.

cheers unwashed
just joined NSALG  but as i said my plot agreed by the Council Allotment Officer is cultivated to the guide lines the problem i have is The Sec has  a personnel vendetta against me as i reported him for verbal bullying me two years ago and the council passed it off as a personality clash its just mine boggling what he is getting away

[Unwashed]

What is your self-management arrangement?  Is the council your landlord and the committee manages the site on behalf of the council, or are the committee actually your landlord?  It's possible that the committee don't have the authority to evict.  Ideally you need to see the management agreement or site lease - sometimes councils and committees don't actually understand what arrangements they have in place.

What did your notice of forfeiture say?  I understood that you were being evicted for alleged poor cultivation.  Is that right?

[vidcare]

What is your self-management arrangement?  Is the council your landlord and the committee manages the site on behalf of the council, or are the committee actually your landlord?  It's possible that the committee don't have the authority to evict.  Ideally you need to see the management agreement or site lease - sometimes councils and committees don't actually understand what arrangements they have in place.

What did your notice of forfeiture say?  I understood that you were being evicted for alleged poor cultivation.  Is that right?

the council your landlord and the committee manages the site on behalf of the council, Yes,
I was given notice to reduce my compost area by 66% and repair a shared /party Fence which my new joining plot holder agreed it was as a  shared fence and was sound and satisfactory  but the Sec put the problem in my court and give me three weeks to sort it out(in winter months)   the committee decided to inspect a week early and give me a eviction notice and thirteen days to clear the plot and return the entrance gate key, a case of bypassing the Eviction Committee Guide Line Rules   

[davyw1]

We are a private site and I must of give out about ten Notices to Quit last year. In the letters i send one paragraph is headed," what you can do" and informs them that they can bring the allotment up to standard as in the association rules, and the right to appeal etc.
If people bring it up to standard then i am a happy chappie but before their rent is taken for the following year they must sign another notice to quit so they have to maintain the standard required.
What i don't like is people sending in their appeal with a load of excuses why it was not done or what they have done (which i know they have not) My answer to this is, i ask them to attend the association hut and produce photos of the plot which i have taken through out the year. They loose.

To add to Unwashed,s questions.
Do you have a constitution in place as on there should state how many signatories is required to call an Extra Ordinary Meeting you cant just say we want a meeting it has to be done properly

[vidcare]

Cheers for your input
"Do you have a constitution in place as on there should  how many signatories is required to call an Extra Ordinary Meeting you cant just say we want a meeting it has to be done properly"
thanks  under stand that, I have at the moment  15 Signatories but having difficulty to obtain any info or a copy of the Constitution from the Sec I even  asked in writing a copy of the minutes of the committee meeting of my eviction to enable me to put an appeal case together, that fell on deaf ears ? was i out of order asking  or have i the right asking ?info of the minuets

[davyw1]

They have no right to stop you from viewing the  Constitution it should be on display for all to read.
All members are entitled to read the past minutes
All Member should be given a copy of the rules and they should be availible for all to read.

If you have two thirds of the membership that want an EOGM then the chairman has to accept it but all must sign the agenda proposed if only one fails to attend the meeting then the chair may refuse to go a head.

The committee can not give you just 13 days to get off and they cannot refuse you a right to appeal. they must give you a years notice to quit.

I would in your case put a letter in quoting the Allotments Act, point out what they have done wrong and they are being vindictive toward you for no reason.
send one to them and one to the council make sure you that you put on the. bottom of the page Copy to council copy to solicitor
If you are in the right then stand your ground, make it clear that the only way they will get you off is by eviction,  this at least will buy you time.

[vidcare]

They have no right to stop you from viewing the  Constitution it should be on display for all to read.
All members are entitled to read the past minutes
All Member should be given a copy of the rules and they should be availible for all to read.

If you have two thirds of the membership that want an EOGM then the chairman has to accept it but all must sign the agenda proposed if only one fails to attend the meeting then the chair may refuse to go a head.

The committee can not give you just 13 days to get off and they cannot refuse you a right to appeal. they must give you a years notice to quit.

I would in your case put a letter in quoting the Allotments Act, point out what they have done wrong and they are being vindictive toward you for no reason.
send one to them and one to the council make sure you that you put on the. bottom of the page Copy to council copy to solicitor
If you are in the right then stand your ground, make it clear that the only way they will get you off is by eviction,  this at least will buy you time.

They have no right to stop you from viewing the  Constitution it should be on display for all to read.
All members are entitled to read the past minutes
All Member should be given a copy of the rules and they should be availible for all to read.

If you have two thirds of the membership that want an EOGM then the chairman has to accept it but all must sign the agenda proposed if only one fails to attend the meeting then the chair may refuse to go a head.

The committee can not give you just 13 days to get off and they cannot refuse you a right to appeal. they must give you a years notice to quit.

I would in your case put a letter in quoting the Allotments Act, point out what they have done wrong and they are being vindictive toward you for no reason.
send one to them and one to the council make sure you that you put on the. bottom of the page Copy to council copy to solicitor
If you are in the right then stand your ground, make it clear that the only way they will get you off is by eviction,  this at least will buy you time.

Thanks Davyw 1

A lot to take in, I had my Appeal on thur well sort of, letter from committee stating i must attend at 12.00pm at 1pm i was still waiting in the cold out side the Portable office cabin then the Secretary came out and said we will have to hold an other meeting, Reason ONE Committee member did not attend so my appeal will have to heard some other time, peeeed off i am

[davyw1]

Yes its a lot to take in but if you want to keep your allotment then you will have to take iy in.
I see your appeal being put back as time to try and turn the tables. If you are in the right then take some photo,s of your allotment, the secretaries and any committee members allotments that are in worse condition than yours, send them to the chairman and the council officer asking him why you are being evicted and not them, mention the story is going to the local paper.
You are allowed witnesses at your hearing, take them let the committee explain to them why you are being evicted.
Print out a copy of the Allotments Act send it to the chairman prior to the next hearing, by the way you have not mentioned having one and its his duty to ensure the committee work within the rules and the law.

It would also be nice to see a photo of your plot just ensure that we are not giving you all this support and you are in the wrong

[vidcare]

Yes its a lot to take in but if you want to keep your allotment then you will have to take iy in.
I see your appeal being put back as time to try and turn the tables. If you are in the right then take some photo,s of your allotment, the secretaries and any committee members allotments that are in worse condition than yours, send them to the chairman and the council officer asking him why you are being evicted and not them, mention the story is going to the local paper.
You are allowed witnesses at your hearing, take them let the committee explain to them why you are being evicted.
Print out a copy of the Allotments Act send it to the chairman prior to the next hearing, by the way you have not mentioned having one and its his duty to ensure the committee work within the rules and the law.

It would also be nice to see a photo of your plot just ensure that we are not giving you all this support and you are in the wrong

cheers once again I was thinking of going to the local press as you say as for Allotment Act i would love to have one but where do i find one I would love to show photos of mine and his but i have been stopped by the forum Mod,when i posted a link, do i send them to your email address ?  plenty available dating back to March 2011 The sec is bragging he sent a letter to his committee and its there for all to see he requested 18month to re organize his plot !!  dated 2011 and since then nothing has been done other than more rubbish has accumulated  its known on our Allotments as Steptoe's Yard  and it is !! i have mentioned this to the Council Allotment Officer and forward photos to him Spoke to him on the site and got very little response from him I even challenge him if he was doing his job inspecting gardens as this is part of his duty he must have picked it up over the last 24 months the response was unless he has written evidence that the Secretary's plot was in that state back in 2011 nothing can be done ?( I sent him  this photo)  A photo of the Secretary's yard with the camera time/date imprinted on it March 2011  Good Story for the local press i would think? But very poor response from the Officer, we have had two cases of Bullying on our plot from this Committee but once again nothing has been done Council wise

Removal of reference to war criminal.

[pumkinlover]

Just to clarify the above Vidcare is welcome to post photos of his/her own plot:     but not  to post photos of anyone elses without their consent.

[vidcare]

Just to clarify the above Vidcare is welcome to post photos of his/her own plot:     but not  to post photos of anyone Else's without their consent.

I Agree with that 100%
Davyw1 with ref to we have one and i have not  mentioned one, No we don't have a chairperson this committee believe there is no need for one and have checked it out and say the committee can operate without one (dictatorship) 

[vidcare]

Just to clarify the above Vidcare is welcome to post photos of his/her own plot:     but not  to post photos of anyone elses without their consent.

Please advise on how can i insert (post)a photo of my plot ?
cheers

[BritBrat]

Please advise on how can i insert (post)a photo of my plot ?
cheers

Upload your photo to a image hosting site like photobucket.com or imageshack.us, register for a free account and  after you have uploaded a picture you can use ready made URL's to post image in a forum.


Format would be something like this:

Code: [Select]

[IMG]http://img.photobucket.com/albums/v708/YOUR ACCOUNT NAME/YOUR IMAGE NAME.jpg[/IMG]

Code: [Select]

[URL=http://imageshack.us/photo/my-images/94/image006jx.jpg/][IMG]http://imageshack.us/a/img94/7910/image006jx.th.jpg[/IMG][/URL]

[vidcare]

Please advise on how can i insert (post)a photo of my plot ?
cheers

Upload your photo to a image hosting site like photobucket.com or imageshack.us, register for a free account and  after you have uploaded a picture you can use ready made URL's to post image in a forum.


Format would be something like this:

Code: [Select]

[IMG]http://img.photobucket.com/albums/v708/YOUR ACCOUNT NAME/YOUR IMAGE NAME.jpg[/IMG]

Code: [Select]

[URL=http://imageshack.us/photo/my-images/94/image006jx.jpg/][IMG]http://imageshack.us/a/img94/7910/image006jx.th.jpg[/IMG][/URL]

the link to photo of my plot
http://i1287.photobucket.com/albums/a639/vidcare1/IMAG0044_zpsbf264c06.jpg

[BritBrat]

the link to photo of my plot
http://i1287.photobucket.com/albums/a639/vidcare1/IMAG0044_zpsbf264c06.jpg