Topic: Eviction for poor cultivation

[Golach]

the family from hell were gone

Not sure this cures the problem, presume it just moves somewhere else.

Yes, it does move the problem elsewhere but when you have elderly people being terrorised, unable to go outside without being stoned, indeed one elderly lady gave up her house and moved to a care home.  She has since passed away.

People going about their normal business like the postman frequently suffered verbal abuse had stones thrown at them - it really was awful.

One of my neighbours had his greenhouse smashed several times.  I had my car scratched by these thugs and they were forever setting the woodland behind our houses on fire killing many slow worms and other small creatures.  The Fire Brigade were called out 3 times one Sunday yet the authorities were reluctant to do anything about it - until we formed a residents association and forced them to.

Now we have no more fires, no more vandalism and our street is peaceful only because we joined together and stayed together.

As for the family from hell, these weren't young children.   All were teenagers, the oldest  being 17 and the youngest 14.  Ineffectual mother, father disappeared off the scene years back.

There are ways of dealing with bullies and intimidation.   It's just knowing how to deal with it and having the determination not to give in to these cowards.

[vidcare]

I've just read this thread and admit I am somewhat shocked.

Witness intimidation is a criminal offence, as has been pointed out already.  The person who assaulted you had already been charged with the offence and it matters not a jot whether he was on unconditional bail or not and the police should have at the very least had words with him.

The eviction notice, you say is not signed.  Therefore, it is NOT legally binding.

This committee have allotments, therefore they are tenants of the council, who are the overall landlords.  The council have a duty towards their tenants.

There is a little known law which (and I paraphrase here) means that the council are responsible for the actions and behaviour of their tenants and if they allow tenants to get away with bad behaviour, anti-social behaviour etc., then the victim of said behaviour can sue the council.

I found that one out some years ago when my elderly neighbour and others in our street were being harrassed, threatened, our property vandalised by the family from hell.  Just so happened that my neighbour's son was a Barrister.  We organised a meeting for the whole street in our local hall.  My neighbour's son kept quiet until almost the end of the meeting, then he spoke.  Ever seen council officials, councillors and the police squirm, because they did.

A few months later, the family from hell were gone.  The threat of the whole street suing was enough to fire the council into action.

I would think the same law applies here as well.  Council's don't like people knowing about that law.

Might we worth getting other allotment holders who have been bullied by this lot to stand together.  One voice is weak.  Many voices are strong.

I wish you luck.

Very interesting that little law possibly do a google search to see if I can find it any idea what it would be called ? liked to seen this (Ever seen council officials, councillors and the police squirm, because they did.)

[Robert_Brenchley]

Way back, I had a friend who repeatedly had nuts shoved through the letterbox by a racist neighbour. The council's response was to try to move her, but she stood firm, got a solicitor involved, and they used this law to get the Council policy changed and the racist evicted.

[vidcare]

It will be very interesting to see if the Council can find my Lease dating back to 1968 as I have not signed any lease since ? has the rules or goal posts changed since ? YES THE RENT HAS GONE UP from 2/6pence to the present £50 

[vidcare]

It will be very interesting to see if the Council can find my Lease dating back to 1968 as I have not signed any lease since ? has the rules or goal posts changed since ? YES THE RENT HAS GONE UP from 2/6pence to the present £50 

Well bad news from the Council today after a 1 hour meeting putting my point of view a email received states( The Council is not a member of any Allotment Association and is not responsible for the decisions made by it.  The Council has no power to make decisions on behalf of the Association or overturn decisions made by it)   so if your assaulted on their land and your innocent the bad guy gets off and the eviction notice accusing you of telling lies Of the assault  although the courts find the bad guy Guilty and is  given a criminal record the Council don't want to know !!!  MOB RULE GETS AWAY WITH IT

[Golach]

It will be very interesting to see if the Council can find my Lease dating back to 1968 as I have not signed any lease since ? has the rules or goal posts changed since ? YES THE RENT HAS GONE UP from 2/6pence to the present £50 

Well bad news from the Council today after a 1 hour meeting putting my point of view a email received states( The Council is not a member of any Allotment Association and is not responsible for the decisions made by it.  The Council has no power to make decisions on behalf of the Association or overturn decisions made by it)   so if your assaulted on their land and your innocent the bad guy gets off and the eviction notice accusing you of telling lies Of the assault  although the courts find the bad guy Guilty and is  given a criminal record the Council don't want to know !!!  MOB RULE GETS AWAY WITH IT

They are just passing the buck.  THEY ARE responsible for what their tenants, which include secretaries of associations get up to so what they're saying is a load of old horse manure!  This secretary is a tenant of theirs and you should not have to be subjected to assaults, either physical or verbal from this person.

Maybe it is time you went to the papers with this.

[vidcare]

It will be very interesting to see if the Council can find my Lease dating back to 1968 as I have not signed any lease since ? has the rules or goal posts changed since ? YES THE RENT HAS GONE UP from 2/6pence to the present £50 

Well bad news from the Council today after a 1 hour meeting putting my point of view a email received states( The Council is not a member of any Allotment Association and is not responsible for the decisions made by it.  The Council has no power to make decisions on behalf of the Association or overturn decisions made by it)   so if your assaulted on their land and your innocent the bad guy gets off and the eviction notice accusing you of telling lies Of the assault  although the courts find the bad guy Guilty and is  given a criminal record the Council don't want to know !!!  MOB RULE GETS AWAY WITH IT

They are just passing the buck.  THEY ARE responsible for what their tenants, which include secretaries of associations get up to so what they're saying is a load of old horse manure!  This secretary is a tenant of theirs and you should not have to be subjected to assaults, either physical or verbal from this person.

Maybe it is time you went to the papers with this.

good idea going to the papers will give it some thought ,the following is also advice included in the Council email (If you feel that you have been wrongly evicted or that the management committee had acted contrary to the rules under which the Association operates, then it would have been open to you to try to resolve matters by raising an internal complaint/appeal in accordance with association rules or, failing that, by taking legal action against committee members based on breach of contract) I might take legal action ?, how about this its noted in my latest eviction letter(unsigned) 3 separated reasons of eviction first charge was about my party fence and my compost area is too long its not any way nothing in the rules to say how long it has to be , last year March I received a letter from the committee (this is after the Sec had been arrested ) the party fence and compost area is ok now and the eviction has been lifted:::now the same complaint is on my present notice ?? the other two reasons - I told lies in court about him But he was one of the four (4-3)who voted for the present eviction notice, that is not right is it ?participating when it included him 

[Golach]

Legal action could be costly and I'm not sure if you would qualify for Legal Aid on something like this since they changed the Legal Aid rules fairly recently.

I will say again, that to be legally binding a document has to have a written signature.  Typed words like "The Committee" or "The Secretary" etc. are not  signatures.

I wonder what they will do if you ignore their "eviction notice" - physically eject you from your allotment, destroy/damage your property?  If they do, they will be in serious trouble.

[Digeroo]

I think you need to talk to the other committee members.   

I the facts about the conviction and that the eviction notice is not signed.

Appeal again the eviction.

Go to the local paper.  I am not sure that the secretary really wants his conviction all over the local press.

[vidcare]

I think you need to talk to the other committee members.   

I the facts about the conviction and that the eviction notice is not signed.

Appeal again the eviction.

Go to the local paper.  I am not sure that the secretary really wants his conviction all over the local press.

Thanks every one I have been given a extra month to vacate my plot from the Council, one minute they are saying (Council) cannot change decisions of the Allotment Committee and in there kindness I now have till the end of April to find a alternative Allotment and vacate, still waiting a reply to my appeal from the committee, Legal advise I sort confirms as the eviction letter has neither Date or Signature its not worth the paper its printed on (not Legal)but you get to the stage would I enjoy that plot any more (The alternative for your sanity is to see if there is a plot on an alternative site nearby you!  It should not come to that - but some fights are just not worth the anguish!) as posted by  louise stella Thanks

[vidcare]

I think you need to talk to the other committee members.   

I the facts about the conviction and that the eviction notice is not signed.

Appeal again the eviction.

Go to the local paper.  I am not sure that the secretary really wants his conviction all over the local press.

Thanks every one I have been given a extra month to vacate my plot from the Council, one minute they are saying (Council) cannot change decisions of the Allotment Committee and in there kindness I now have till the end of April to find a alternative Allotment and vacate, still waiting a reply to my appeal from the committee, Legal advise I sort confirms as the eviction letter has neither Date or Signature its not worth the paper its printed on (not Legal)but you get to the stage would I enjoy that plot any more (The alternative for your sanity is to see if there is a plot on an alternative site nearby you!  It should not come to that - but some fights are just not worth the anguish!) as posted by  louise stella Thanks

Well I have just received a letter from the committee refusing me a appeal and it looks as if the council promise of end of April is not on as the letter says The Committee reiterates the original decision to evict by 31st March 

[bluecar]

It goes from bad to worse.

Surely the Council copied their letter to the Secretary and Chair of the committee. Have the committee given any reason for why they have refused an appeal?

Perhaps you should write to the committee (enclosing a copy of the Council's letter) asking why they are not adhering to the Council's request and also copy your letter to the Council.

It would seem that the Council's letter is only a 'stay of execution' and not an attempt to arbitrate over the matter. Perhaps in a separate letter you could ask the Council to call a meeting between yourself and two(?) committee members to see whether a satisfactory solution can be achieved as reluctantly you will have no other recourse other than to involve the local press and MP.

Bluecar

[vidcare]

Well I been to a Coffee morning," Meet your local MP " and had a interesting meeting a little light at the end of the tunnel maybe? I will have to wait and see ??? I still think the Council reply will be we don't have the power to interfere with elected Committees even if one of them has a criminal record 

[Digeroo]

Surely you have a right of appeal especially as the eviction is on grounds which are untrue.

What does it say about the eviction procedure in your agreement?

Are you sure these letters are coming from the whole committee or just from the secretary?  What do the other members of the committee say.  Have you pointed out to them the fact the eviction is not signed?   

Turn up at the next committee meeting.

[vidcare]

Surely you have a right of appeal especially as the eviction is on grounds which are untrue.

What does it say about the eviction procedure in your agreement?

Are you sure these letters are coming from the whole committee or just from the secretary?  What do the other members of the committee say.  Have you pointed out to them the fact the eviction is not signed?   

Turn up at the next committee meeting.

The knives are out for me, I sold one of my greenhouses and give permission for them to help themselves to my some of my leek trench soil which is two foot high and is held in with two foot high flag stones it has been built up over many years of soil conditioner, compost, manure, course sand  etc. all that I purchased, this soil is been taken to a plot on the same allotments I had a visit from one of the committee informing me that is not allowed! I LOST MY RAG so I told him to pee off  ! so I will be reported!!! OMG (  I do believe my plot is lined up for the present Bulling Secretary )

[vidcare]

Surely you have a right of appeal especially as the eviction is on grounds which are untrue.

What does it say about the eviction procedure in your agreement?

Are you sure these letters are coming from the whole committee or just from the secretary?  What do the other members of the committee say.  Have you pointed out to them the fact the eviction is not signed?   

Turn up at the next committee meeting.

The knives are out for me, I sold one of my greenhouses and give permission for them to help themselves to my some of my leek trench soil which is two foot high and is held in with two foot high flag stones it has been built up over many years of soil conditioner, compost, manure, course sand  etc. all that I purchased, this soil is been taken to a plot on the same allotments I had a visit from one of the committee informing me that is not allowed! I LOST MY RAG so I told him to pee off  ! so I will be reported!!! OMG (  I do believe my plot is lined up for the present Bulling Secretary )

Crunch day tomorrow(I have a vision Psycho blocking me access to my plot ) the Council given me till 22nd April to leave( unconfirmed from them I have requested confirmation nothing forthwith  ) then eventually  a response from  the committee given me 14 days to responded to my appeal and agree to a date of a hearing I intend to call the police if I am blocked as the Eviction Letter has no date or Signature  on it,,, its a Mickey mouse setup ! its no disrespect to Mickey Mouse as he has more common sense

[vidcare]

Well is there any Justice,, I put my case to http://www.newcastleallotments.co.uk/nawg.htm and the reply was from the Chairman the Committee decided that there is sufficient doubt about the accuracy of my comments supported by information from the Court proceedings that we are not in a position to interfere.... my accuracy of my comments state the offender Plea was GUILTY Of Assault by Bashing As was the CPS Letter,, And he is a area Rep for the NAWG !!!!!!Who have rules about The Committee's behaviour must be exemplary and above reproach.