Allotments 4 All
Allotment Stuff => Allotment Movement => Topic started by: mrs doodle2 on June 26, 2017, 12:09:15
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Hi I have held an allotment tenancy for 5 years with the town council. At renewal this year they have written and asked me to agree to a reduction in notice period from 12 months to 3.
As far as I am aware the Allotment Act 1950 gives protection for allotment holders by specifiying a legal minimum notice period of 12 months, with the cessation date to fall in the winter months.
I strongly suspect the Town council has reduced the notice period as they wish to take back the land (given that there is a large development planned close by)
So, my questions are:
Can they legally force me to agree to the new terms?
and secondly
If they were to offer an alternative location to 'replace' my current plot, can get round the 12 month minimum notice period that way ?
If any one can get me a speedy answer I;d be really grateful. Apparently the town council are calling an allotment holder's meeting tonight at short notice (never had one before in the 5 years I've been a tenant & I smell a rat!)
Lastly assuming they do want the land for a new access road, is it even worth challanging?
TIA
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Hi, Welcome to Allotments 4 All.
I've removed your other very similar thread to keep replies in the one location. Sorry I can't advise as I don't have experience with allotment regulations, hope you find some answers.
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The National Society of Allotments and Leisure Gardens tend to be more into the legal stuff.
We have had some members who have had legal battles in the past but have not been posting recently.
One way can be to find were the land for the allotments came from in the first place. Sometimes it was given for a particular purpose.
Good luck with your meeting.
I believe Councils have a duty to provide allotment however, we have not had official allotments here for nearly 40 years so they can get round that one.
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Search for DCLG guidance on "Allotment disposal guidance: Safeguards and alternatives".
Councils cannot simply do as they wish. They must follow fairly strict protocol. Doesn't mean they can be stopped, but don't make it easy for them and insist they stick to the rules. And if you know the rules you can hold them to account.
Good luck.
PS. Also browse the forum called Allotment Movement on this site. Similar issues have invited helpful comments so there could be things to learn there.
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Also research 'statutory status' a term meaning that when the land was acquired from the original landholder it was for the express purpose of allotments.
The statutory status can only be overturned by the secretary of state and the council have to find allotment tenants another site instead.
We had a similar issue on our site when someone on a planning committee suggested using the allotment site for housing. The parish council is a combined council of three parishes and naturally committee members wanted housing development in another parish to their own.
Once the council discovered how complicated the laws governing allotment sites were they dismissed the planning committee's proposal and have now found an alternative site for housing so the allotment site is safe - for now. :icon_cheers:
Beersmith is right. Don't make it easy for the council. If you don't agree don't sign. :happy7:
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The obvious reason for requiring a twelve month notice period is the need to have a complete growing season in the tenancy agreement. It is worth checking that this is what the Act states since primary legislation (Acts of Parliament) cannot be overwritten by tenancy agreements.
NSALG will advise as stated previously.
OC
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Our Council and many others have a clause in the agreement about non-cultivation. If you don't cultivate ie actively grow on 75% of your plot and keep it mainly weed free, then you receive a warning letter. If you don't improve, within a period of time as requested then they terminate the lease and pass the plot to someone else. Exceptions are made for people experiencing problems/difficulties.
If the Council terminate the lease because they decide to close the site, for building or road works etc then they have to pay you compensation for lost crops as set out in the Allotment Acts, plus try to provide alternative plots elsewhere. (Mention here of the allotment acts leads me to believe that early closure is allowed by the acts under certain conditions, whether you agree with it or not, is another matter. Sorry)
I would have thought that these 'terms and conditions' are pretty much standard nowadays.
General guidance about Allotment Law is given here
https://www.canterbury.gov.uk/media/892659/The-Law-and-allotments-summary-Appendix-28.pdf
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Hi Mrs doodle. Even though the 3 month notice May conflict with the act of parliament, come the day of eviction the council will use it to convince police bailiffs that they are acting within the law.