Allotments 4 All
General => News => Topic started by: Unwashed on November 16, 2010, 14:31:13
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Newbury Town Council are at long last going to consider my complaint (http://www.newbury.gov.uk/Agendas10/agendacs101122.pdf) that this year's rent increase is unenforceable due to the unfairness of the rent review term under the Unfair Terms in Consumer Contracts Regulations 1999 (http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=unfair+terms+in+consumer+contracts+regulations&Year=1999&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=2730925&PageNumber=1&SortAlpha=0).
I have been invited to put my complaint to the Community Services Committee who can decide whether they agree that the rent review term is unfair or whether to press ahead with court action in December to enforce the eviction they served me in April. I'm confident of my argument so I would welcome the opportunity to go to court to vindicate my position, but it would also save me some considerable hassle if the council just agreed now to do the right thing.
For a bit of background, our rent was increased from £4.71 per pole to £6.94 per pole, and I have argued that the rent review term in the tenancy agreement that allows the council to impose a rent increase is unfair under UTCCR 1999 because the increase is imposed without notice and the agreement obliges me to give 12 months notice to quit.
I raised the Regulations with the Council's Chief Executive last summer but he would not discuss it with me, and despite many attempts not a single councillor has been willing to discuss this either. It's fair to say that it's the Council's arrogance that has provoked me to take a stand more than the money involved.
If you're in Newbury Monday night and want to lend some moral support, that would be nice. :)
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I wish I could be there, even if it was just to meet your good self.....
...Oh, that, and the fact that I love to hear an informed debate.
Wishing you the best of luck Unwashed... 8)
And remember...... Take no prisoners. (They are expensive to feed.) ;)
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I wish I could be there too but it's a bit far.
I hope all goes well for you Simon, it's been going on for much too long now.
Good Luck!
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Good Luck... :)
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Wishing you the best of luck, bit too far for us, hope someone can make it
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I'll be there in spirit, best of luck Simon. ;D ;D ;D
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It's a bit far to travel mate, but my thoughts will be with you, for sure!!
a voice-recording device can be handy in such meetings, btw.
I'll look 4ward to reading the councils minutes.
rgds and good luck, Tony
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Good luck. Have you had a course in shorthand ;).
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Unwashed,
If I was closer to Newbury I would be there giving you support, going off your posts I think you will have put a good case together, 'go and get em', :)
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I wish you all good luck but do not hold your breathe. I once took Gloucestershire all the way on a complaint and a tribunal upheld my case but Gloucestershire still refused point blank to abide by the decision.
I really think that you need to press the point about reducing cost by self management. Have you got other plot holders for support?
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Good luck.
It would be nice of there were a way for all to be resolved and things could go back to amicable (or, at least, business-like).
But it seems unlikely that will happen because the council don't know when it's time to move on.
Let us know how you get on.
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Wishing you the best of luck and will keep all my fingers and toes crossed.
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Many thanks everyone, I really appreciate your thoughts.
Have you got other plot holders for support?
No, just me.
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Do try and think what you are really want to achieve and then fight for that. Councils are being asked to cut huge amounts from their budgets so will not be in a position to budge on this.
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Do try and think what you are really want to achieve and then fight for that. Councils are being asked to cut huge amounts from their budgets so will not be in a position to budge on this.
well, if they let the site(s) become self-managed, they could budge on their budget
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Newbury Town Council levies a precept on the borough council so it is under no pressure to ecconomise, and has already signalled its intention to increase the precept, which has already gone up by 12% in real terms over the last six years, without any increase in service provision.
Self-management would save around 15% on the precept, and the Council refuse to discuss it because the allotments are £125k turnover business for them - £250 per plot!
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Newbury Town Council levies a precept on the borough council so it is under no pressure to ecconomise, and has already signalled its intention to increase the precept, which has already gone up by 12% in real terms over the last six years, without any increase in service provision.
Self-management would save around 15% on the precept, and the Council refuse to discuss it because the allotments are £125k turnover business for them - £250 per plot!
I find this confusing they are trying to save money in every other way.
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Not Newbury Town Council. No one pays much attention to what the parish councils spend because their budget is like 1% of the borough council's budget, and it's borough councils that have had their central government grant reduced. Parish council's levy a precept on the borough council and all the borough council can do is colect the precept as part of the council tax, it can't tell the parish council to ecconomise.
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Still seems insane to me ???
They could buy loads of biscuits for council meetings with the money saved. Or even some play equipment, salt for the roads....
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We have the same problem, our parish council refuses to allow us any input into the allotments from self management all the way down to an allotment representative and then complains the allotments are heavily subsidised ( even thought they keep no record of costs ) when we ask for anything to be done.
This year we watched in amazement as it took up to four workmen two weeks to cut a couple of hundred yards of hedge which would have taken the average farmer less than a hour.
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good luck today Simon !!
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Best of British Simon. ;D ;D ;D
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good luck today Simon !!
And from me too.....don't forget to let us know what happens.
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Hope something positive came out of it :)
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I'll be off down to the council shortly, I'll let you know how I get on. Cheers.
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Thinking of you.
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No good I'm afraid, they're still going to try and evict me. Thay gave me a good hearing though and I has free to argue my case. I did ask them instead to sue me for the rent in the small claims court as that would answer the question without me needing to lose my plot if I'm wrong, but they weren't having any of that.
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Oh dear, it doesn't sound too good. What is your next step?
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The next step would probably be for you to take out an injunction.
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Good luck with whatever you decide to do.
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Nice bit of coverage from the Newbury Weekly News (http://www.newburytoday.co.uk/News/Article.aspx?articleID=15187).
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I know it's the principle; but is this all over £20?
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Nice bit of coverage from the Newbury Weekly News (http://www.newburytoday.co.uk/News/Article.aspx?articleID=15187).
I got up this morning at 04:00 and have just spent the past hour reading through the posts on Newbury Today forum.
Simon, I don't think many of us could do what you are doing, I know I couldn't.
I wish there was something I could do to help but I don't know what. :(
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Cheers Betty. I'm disappointed that none of my local allotmenteers have wanted to support me but then I'm not asking for their approval so fair enough. If I have to lose the plot then that's the cost I'll have to pay, but I'm very confident that the Council are wrong and have behaved monstrously, and my only real concern now is that they'll try and back down without a fight.
Aj, no.
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I am sorry that your efforts have been in vain but I am not surprised.
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Hi Digeroo, no, I'm not too surprised either. To be honest the councillors didn't make much effort to understand my argument. They just don't seem to get the idea that consumer protection legislation might apply to them. I think they've had their own way for too long. Anyroad, it'll all get sorted out in court.
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Cheers Betty. I'm disappointed that none of my local allotmenteers have wanted to support me but then I'm not asking for their approval so fair enough. If I have to lose the plot then that's the cost I'll have to pay, but I'm very confident that the Council are wrong and have behaved monstrously, and my only real concern now is that they'll try and back down without a fight.
Aj, no.
Simon, it's such a shame that you don't have the support of the other plotholders. Are they frightened of losing their plots if they speak up too? Or are they just not bothered? How many are there? It must be very hard for you to communicate with them if you are not even allowed to put up a notice on the site.
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Aj, no.
I thought the news report said '£20'?
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Simon, it's such a shame that you don't have the support of the other plotholders. Are they frightened of losing their plots if they speak up too? Or are they just not bothered? How many are there? It must be very hard for you to communicate with them if you are not even allowed to put up a notice on the site.
It's difficult to know Betty. I think it's a combination of not being bothered, not being organised, and scared of upsetting the powers that be. There is also a reasonably well organised clique who are desperately opposed to anything I do because they will lose out under democratisation. Certainly it hasn't helped that the society has decided to collaborate with the Council. For reasons I don't understand quite a few allotmenteers, and especially those involved in the various site assoication, are appalled that I should openly criticise the council, like it's the hight of bad manners. The Council has a policy that it calls "working with the council", which is basically like that playground game - he who asks doesn't get, plus you must never, ever criticise the Council. There's around 500 allotmenteers in Newbury. I suspect when this all unfolds in the new year with the council losing the court case that a few more will scratch their heads and wonder that they haven't been duped.
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I thought the news report said '£20'?
That's right, but my dispute with the Council is much deeper than that. In a nutshell they're arrogant, self-serving tyrants, and this is just the issue that I've made a stand on.
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How are you going to fund a court case?
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I'll represent myself. The Council bring the action and I'll defend it. I'm not sure there's even a fee for filing a defence, but if there is it's around £100. Obviously I'll hope to win and then I'll ask for my costs. If I lose I'll quite likely have to pay the Council's costs which will likely be around £500 which I can afford, but I'll be much more upset to lose my allotment.
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The values seem very small is this the small claims court. Are you sure they deal with matters of principle such as this?
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It's the County Court. The Council will apply for a possession order and that costs around £100 for them to file their claim. I'll then get a chance to file a defence and if there's a fee it's around the same amount. It's legal representation that really costs. If I'm mistaken perhaps someone can put me right.
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TBH it's possible that your fellow plot holders don't want to get involved in what has become a personal dispute between you and the Town Council, sorry but that is what I would think. Allotmenteers just want to grow stuff on own rented bit of heaven and many see the rent rises as a market forces thing. Now that there are waiting lists the landlords can charge more and still fill all the plots. Even at £10/pole, they could rent them so of course rents will increase and if tenants decide to leave or go over to half a plot then that frees up a space for someone on the waiting list and also perhaps dislodges gardeners who are not so keen. A win all round from the landlords PoV. But it stinks I know.
I hope you don't lose your plot, it seems you are gambling with something you love and that is risky. But I can see why you are doing it. Good luck.
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Are you going to evict you even if you paid the extra in which case there is no alternative than to fight?
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Are you going to evict you even if you paid the extra in which case there is no alternative than to fight?
It's a long story really. Short answer is that if I don't show them up now to be the abusive tyrants that they are then if I back down on this there'll be something else. I already have another eviction pending because I won't just give up the end of my plot like they've told me to - my plot runs right up to the hedge and if they want to create a path around the site then there's a process for telling me to give it up, but Newbury Town Council don't do process, they just want people to shut up and do as they're told. And if not that then they'll just invent something else. I'm surprised that they haven't already told me that I can't take my dogs to my plot because they know I'd tell them to stick that up their arse.
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Unwashed, may I ask: where are you now with this?
I hope you weren't evicted from your plot after all.
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Hi DV, thanks for your concern. I suspect that quite a number of Newbury's 550 allotmenteers are now starting to ask the same question and wondering whether they were duped into a 47% rent increase that they shouldn't have been asked to pay.
I got an e-mail from the Council a few days before the 13 December deadline telling me again to clear off but I told them again clearly that I would not be going and that it would probably now be a good idea if I spoke directly to the Council's solicitor. The deadline came and went without incident.
The Council's solicitor has now accepted my suggestion for a discussion.
In other news, the Council have made the unprecedented proposal that this year allotment rents should not increase at all...
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Well, I am really glad to hear that. I would be very sad to lose my own plot so I would have been a total wimp and just paid up and kept quiet. But they've been very arrogant in their dealings with you, it is interesting to hear they didn't follow through with their threat - and making empty threats of legal action to coerce you possibly fulfills the legal definition of harassment. They're idiots, if you are going to take someone on like this, you have got to be squeaky clean. But they think they are untouchable.
Good luck we are all here wishing you well even if it is from a safe distance.
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I`ve just seen this thread. Unwashed, if you win this fight I hope the morons who are your fellow allotmenteers feel suitably ashamed of themselves. Can`t the idiots see that if you win they will benefit also? It`s real David and Goliath stuff, I hope this fight has the same outcome. :)
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Cheers Guys
Dai, I'm disappointed that my allotment society hung me out to dry and didn't speak up but the most wretched thing about how the Council have behaved is the division and resentment it will cause amoungst the allotmenteers so I don't feel bad towards my fellow plot holders.
DV, I've had my plot here in Wash Common for about 15 years, and when I moved here from Essex I'd started working my plot for a month living in digs before I even completed on the sale of my house. I'm about as enthusiastic about the allotment movement as you could be and it would be a terrible blow to lose my plot, but I haven't liked how I've seen the Council push people around and sometimes you have to stand up to bullies. They just don't get it.
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Have you tried getting help from the NSALG?
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I've asked the NSALG to help but I wasn't a member when this all kicked off and so they are unable to do much to help me, which I quite accept.
As it is I've not needed any help to understand my rights, the problem has been that Newbury Town Council choose not to respect those rights.