Allotments 4 All
General => News => Topic started by: Unwashed on May 16, 2010, 18:42:29
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My final notice to pay up expires tomorrow and as I have not paid the Council will terminate my tenancy. I have told them that they have 14 days to issue proceedings to recover possession, and that if they fail to evict me I expect every one of them to resign.
To re-cap, my complaint is that the 47% increase in rents that the Council imposed this year is unenforceable because the contractual term is unfair under the Unfair Terms in Consumer Contracts Regulations because I am obliged to give the Council 12 months notice to quit and the increase was imposed without notice.
The Council's position is that they don't like people quoting regulations at them because they're the Town Council and ungrateful little proles like myself should know our place.
I'm taking a chance obviously. I will be devastated if I lose my allotment, but the Town Council run the allotments like a dictatorship and I am not going to take it any more. They have officially declared me to be 'vexacious' because I keep asking to go self-managed and save the tax-payer £108k/year.
I complained about the unfair term to Trading Standards and the Council confirm that Trading Standards have obliged them to alter the tenancy agreement, but perversely the Council won't concede that the increase is unenforceable.
The Council refuse to engage, and so my last best hope is to argue the toss in court.
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hope it works out for you, unwashed, you're a brave man :-\
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Good lucK Unwashed - is anyone stood with you or have they all rolled over and died?
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Good lucK Unwashed - is anyone stood with you or have they all rolled over and died?
(http://t3.gstatic.com/images?q=tbn:GqbfBcneGdkUpM:http://voodoostock.com/034-deadfly.jpg)
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good luck. keeping fingers crossed for you. shame the rats have jumped ship :(
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This is so unjust.
I fully understand that you want to fight your corner and rightly so.However is the cost of losing the lottie really worth it in the end ???
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as much as i admire your bravery in taking a stand over this(and i really really do) as said above,is it really worth the risk of losing your lottie...i mean,what will you do with all that spare time,i worry you could end up in a right sorry state,i know i would if i lost ours. is there really no one that could join forces with you?
wishing you the best of luck
R
x
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Good luck Unwashed _ I remember seeing you one day in Newbury. I hope you dont lose your allotment.
Is the local press on your side?
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Heavens! what a tale! I hope the bureaucrats don't get the better of you - interesting comment, ARE the local press giving you some airplay? Sounds all totally unfair. We here are an association of allotment holders so any changes have to be voted by the members.
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Good luck!
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Best of luck
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Any news?
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Thanks for the support guys. I spoke to the local paper this morning and they're happy to cover the story.
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Good luck! Nice to see someone making a stand.
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It seems so sad that one person is fighting a battle over an issue which will affect each and every plot holder. No doubt they moan and whinge about the increase too but don't have the b*lls to support you - it must feel very lonely.
I am so hoping that you don't lose your plot, it so obviously means so much to you, perhaps the local media can do some good. Keep us all posted please..
Dealing with pigheaded and dumb bureaucracy is a no-win situation, and can seriously mess with your head, so keep sane, keep well, and keep fighting. Good luck.
Caro
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As someone who's spent most of the last year banging my head against a wall trying to get on the waiting list of our local allotments I can sympathise on the frustration front and dealing with bureaucracy. I hope you don't lose your plot :(
...just a thought...but have you tried escalating your complaint to the Local Government Ombudsman (http://www.lgo.org.uk/)?
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good luck with everything
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In the local paper this week. See here (http://www.newburytoday.co.uk/News/Article.aspx?articleID=13329).
(http://www.newburytoday.co.uk/Images/Entities/NewsArticles/Main/w-12-2310a%20simon%20kirby-7b2jjv7ysjzpbf7.jpg)
If you're eagle-eyed you'll notice a difference in the administration costs between my avatar and the placard. The Council admit they spend £40k of tax-payer's money administering the allotments service, but they account seperately for about £350k of administration and overheads which they don't attribute to any service, and that's just a con to keep the admitted costs down so I've rolled the relevant portion of the whole cost into the service costs and it turns out the Council spend £108k of tax-payers money providing the service - that's £40/pole - and most of that is admin and overheads. I've asked the council a couple of times now to justify this expenditure, and justify the decision to crush the Allotment Society which was prepared to self-manage, and for my pains the Council have officially declared me to be "vexatious".
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Dear Vexatious Complainant ;),
would it help if lots of us registered with the paper and made supporting comments for you?
I admire what you are doing but I don't think I'd have the guts to do it myself. Willing to support you though.
Betty
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Could they kick you off if you paid the lottie fee the same rate as you paid last year, you would have paid some of it which might throw a spanner in the works..it does with house rents, considered arrears then and not refusal to pay.At the very least it woud have to delay them and it would change the legal position somewhat. I would go for it.XX Jeannine
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oooo "vexatious complainant" - I'd wear that title with pride ;D
Have you thought of running in the local elections yourself :)
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Could they kick you off if you paid the lottie fee the same rate as you paid last year, you would have paid some of it which might throw a spanner in the works..it does with house rents, considered arrears then and not refusal to pay.At the very least it woud have to delay them and it would change the legal position somewhat. I would go for it.XX Jeannine
That's what I've done Jeannine, I've paid at the pre-increase rate of £4.71/pole and just witheld the £2.23/pole increase.
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Good Luck
from Plot 7 Marsh Lane allotments Hungerford
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I am convinced that there is a maximum by which allotment rents can be increased each year. It is driving me nuts about where I read it and I am only here whilst I have a brew I just don't have time to look far.
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unwashed,is there some sort of online petition you could set up,so that we can all sign up,and show support,however remotely?
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unwashed,is there some sort of online petition you could set up,so that we can all sign up,and show support,however remotely?
Good idea ;)
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Hi all. I hope you realize how very much I appreciate your continuing support and concern, because I do. I'm quite abrasive and brusque, and some other things too, but I do feel isolated and it's great to be part of this community.
Hi Betty, Elvis. That's an excellent idea. I tried to install some petition software on my site yesterday, and I'll have another go - I'd like to host it on my protest site (http://www.emilyware.co.uk/earthwork/) to bring that to a wider audiance.
I also need to reach out to the 500-odd allotmenteers in Newbury. I currently have the support of three, maybe four (not counting me!). This is the bit I don't get my head around at all: my protest actually seems to alienate some people. Not all, but quite a few. Are Town Council's like sacred cows? Do people just want a quiet life? How should I be reaching out to my fellow allotmenteers to encourage them to support themselves?
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I don't think people are particularly after a quiet life but I do think they are afraid of losing their plots.
I can understand how you feel because I would probably be doing the same as you but I know human nature enough to say people will back off if something they value is at risk.
How good it would be if all the plot holders refused to pay,then they would have to sit up and take notice.
Can you not pay up under pressure or whatever the legal term is and carry on fighting for justice.That way your plot will be safe or is it already too late ??
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Can you not pay up under pressure or whatever the legal term is and carry on fighting for justice.That way your plot will be safe or is it already too late ??
Some people have done just that, thay paid under protest, but the Council ignore the protest. I'd love there to be a way of holding them to account without the risk of losing my plot, but I can't think of how. If enough allotmenteers had protested and shown solidarity I think we'd have won the day, but the other site association in Newbury was actually hostile to any protest, and my site association caved in without much trouble.
I find it shameful that none of the 23 town councillors will even discuss this with me. It's obvious to the world that the Council have been caught in a lie, but not one of them will do the decent thing and speak up. The miserable weasels.
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The very best of British my old son, were all rooting for you mate. ;D ;D ;D
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Cheers Kev.
If any of you would like to show your support for my protest then perhaps you'd like to visit my protest site and leave a message of support under the Rent Protest article. That would be really good, thanks.
See here (http://www.emilyware.co.uk/earthwork/).
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Simon, have you contacted the 'rotten boroughs' section of Private Eye??
http://www.private-eye.co.uk/pages.php?page=contact&
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Why don't you go on to Facebook.
So many people on there ,sure you will get loads of support and yes they do take notice of what is said about them on Facebook and Twitter.
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Why don't you go on to Facebook.
So many people on there ,sure you will get loads of support and yes they do take notice of what is said about them on Facebook and Twitter.
I agree, if Scarecrows Smith can get 692 friends in a couple of months, I'm sure something worthwhile and sensible will do well. If you make a Facebook page I will invite all SS's friends to join.
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A mascot to the cause Squash ??? ;D
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Betty, you're a star! Will you thank Scarecrows Smith for me please. I have to admit I'm not familiar with Facebook but I'm sure I can work out what to do...
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Unwashed - Simon
I am similar to you as my manner is abrasive and I call a spade a spade - I normally mean no harm - but I come across as a "hard cow" some times without meaning to!! So - in advance - do not take offence at the following!!
My problem with your problem is that the amount of money you are being asked to pay over that which you paid last year is - in the whole scheme of things - peanuts. Just because your council did not increase the rents over the years to that which they are asking you now is - in my mind - a small amount of money to pay annually for something which obviously gives you a lot of happiness, satisfaction etc.
We can all jump on any bandwaggon and say it is not fair etc etc we can argue the toss over the smallest things which - a few months down the line will mean nothing. Something or some other cause will have overtaken the present cause and be that much more important.
I feel you are fighting a battle with people who you have no time for and possibly this element is taking over from the original thing and becoming just a huge war where some one has to win and some one has to lose and everybody has to resign etc etc.
Taken back to basics - if this was - in today's prices - hundreds of pounds increase thens you would have some followers - I presume had the remaining 500 other allotmenteers - been as uptight as you then you would have strong support - unfortunately for you - as you have been to the press and the like and have drummed up 4 you must assume that the others are either not bothered as it is still bargainous rents or don't care and can't be bothered in becoming soldiers in your army.
I know how you feel - I have fought many battles - but I feel you are taking it too far - both for your health wellbeing and potential loss of plot and it being - in the whole sceme of things - neither a major issue for governmental/local council issues - when everyone is trying to cut costs in the public sector, and, when push comes to shove, really Simon - when you have lost your allotment, is not worth the effort in the end.
Old Bird
???
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when everyone is trying to cut costs in the public sector
Youve missed the point, thats exactly what unwashed is trying to do promoting self-management thereby saving the local council buckets of money. Should noone ever stand up for anything, even if they are a lone voice? What a sad world that would be.
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Hi OB. I hear what you say. If it's coming over as a protest about how much we pay then I wouldn't expect to get much support. Like weequinie says - thanks mate - it's actually a protest against the council's self-serving arrogance, but if that isn't coming over clearly it's my problem.
As far as I can tell the rent increase is unlawful, and the Council knew it was unlawful, but they imposed it anyway because they reasoned that no one would stand up to them over £20. Sorry, but that's bullying. I spoke to the Council about this, but they told me this: if people pay it doesn't matter what the Regulations say, and if you start telling us what we can and can't do you'll lose our support. Of course I see it differently. I expect the council to behave lawfully, and I'm not going to turn a blind eye to a bit of bullying just because I want something from them. And yes, the thing I want from them is self-management, and that would save the tax-payer £108k in Newbury. I'm disappointed this kind of grubby sleaze doesn't turn every Newbury allotmenteer out onto the streets in protest, but that's not going to stop me protesting on my own as best I can.
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Yes - I do take the point Weequinie - and yes the council are coming over as self serving arrogance and yes it may be unlawful, in some respects, (but who will go to Court over £20 increase) and bullying is not increasing rent to 500 or so tenants - it would be bullying if they were picking on YOU as a person (singular)
I cannot see that the Council would ever consider the self management as a serious option when - with the greatest respect Unwashed - they have regular conflicts with yourself over all manner of trivia.
There is probably a better way of going round this - and I am not into local politics - so cannot work out a way but as a self styled "leader" I think you have got their backs up so high that you won't stand a chance. You would need someone to "front" your takeover who appears to agree with the Council and their intentions etc and possibly is way less confrontational.
(Not criticising - but looking at myself critically - that is my style and - dare I say it - yours too Unwashed)!
Take a look again from a far wider view and possibly you may find another approach that would be more effective than "in your face confrontation"
O B
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Aplogies for this but If had a quick read through this and cant actually see how much you pay a year.....or how much the council want you to pay this year?
Ours is a council run allotment with 24 plots.The council get just £15 for the site,peppercorn rent.The allotment committee then set the cost for each plot which happens to be £20 per annum...same last year.This £20 pays for water,insurance,fuel for the lawnmowers and hegde trimmer etc.The council says its easier for us to do the cutting and trimming than it is to hire someone...hence the peppercorn rent.
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Aplogies for this but If had a quick read through this and cant actually see how much you pay a year.....or how much the council want you to pay this year?
Originally the council wanted to increase the rent from £4.71 per pole to £25 per pole (http://www.allotments4all.co.uk/smf/index.php/topic,57222.0.html) but they backed down a bit & opted for a 47% increase instead which equates to £6.94 per pole (http://www.allotments4all.co.uk/smf/index.php/topic,59395.0.html). Or if you prefer, a standard 10 rod plot which previously cost £47.10 is increasing by £22.30 to £69.40.
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As far as I can tell the rent increase is unlawful, and the Council knew it was unlawful, but they imposed it anyway because they reasoned that no one would stand up to them over £20.
...just a thought...but have you tried escalating your complaint to the Local Government Ombudsman (http://www.lgo.org.uk/)?
If the council has acted unlawfully then the Ombudsman is the place to start Unwashed.
1066
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Thanks Baccy Man, you got it. My 10 pole plot is now £69.40 when last years it was £47.10.
The council says its easier for us to do the cutting and trimming than it is to hire someone...hence the peppercorn rent.
Fork, my Council changed the rules to stop the tenants maintaining the hedge and ditch. On numerous occaisons, direct to the officers and formally at council meetings, I asked for the tenants to be allowed to undertake this work and was dismissed out of hand. The Council spend £22k on maintenance, and another £103k on administration and overheads, and before the increase got £12.5k rent from a reasonable £4.71/pole. The Society asked all of it's members, and it had 50% membership on site, and 90% wanted to contribute to the maintenance and administration. Newbury Town Council has bent over backwards to undermine and suppress the Society because it desperately wants the pretext to spend all of that lovely money, and I'm public enemy #1 because I started the Society and I don't give up easily.
OB, I'm a bugger, there's no denying it. But it's only a problem because the Council expect to behave tyranically and not get criticised for it.
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If the council has acted unlawfully then the Ombudsman is the place to start Unwashed.
It's a Town Council, the Ombudsman doesn't deal with Town Councils.
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Thanks for that.I now fully understand what your predicament is.Why your council are acting so is beyond me.
When they maintained our site we were lucky if we got the grass cut twice a year....we cut every 3 days or so at the moment.The hedges just got thicker and thicker :-\
Best of luck with your quest for common sense
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Thanks Baccy Man, you got it. My 10 pole plot is now £69.40 when last year it was £47.10.
Makes my £10 per annum for a 10 pole plot seem very insignificant.
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If the council has acted unlawfully then the Ombudsman is the place to start Unwashed.
It's a Town Council, the Ombudsman doesn't deal with Town Councils.
Does Newbury Town Council own the land or do they lease it from a county/district council? If they only lease it you could escalate the complaint to the 'higher' council and therefore involve the local government ombudsman.
http://www.lgo.org.uk/publications/fact-sheets/complaints-about-parish-councils/ (http://www.lgo.org.uk/publications/fact-sheets/complaints-about-parish-councils/)
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Thanks sazhig, but no, the land was transfered to the Town Council.
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Newbury Town Council served me a final notice to pay up or they would terminate my tenancy on the 17th. I told them to do their worst or admit they were bullies. They have now backed down, and instead given me a notice to quit in December.
So they knew all along that the rent increase was unenforceable, but they were happy to threaten eviction all the same. And now they want to evict me for standing up to them.
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Newbury Town Council served me a final notice to pay up or they would terminate my tenancy on the 17th. I told them to do their worst or admit they were bullies. They have now backed down, and instead given me a notice to quit in December.
So they knew all along that the rent increase was unenforceable, but they were happy to threaten eviction all the same. And now they want to evict me for standing up to them.
This is sort of good news....I think? But can they still give you notice to quit? Have they given a reason, or don't they have to?
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State that you will resist eviction (and payment of the increase) until the matter is addressed in the council public meetings. They are elected, I cannot see how they can make an arbitrary decision. Sounds like they want to avoid the sums being properly investigated...
Good luck in any case.
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brilliant news...like squash said,i think? why december of all months,seems so random! they cant evict you without a reason. but for the meantime...youve kept your plot hoorah! ;D
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Have they taken the payment you made and calculcated pro rata that youve paid until december?