Allotments 4 All
General => News => Topic started by: Unwashed on February 22, 2011, 12:43:55
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I gave the Town Council a final ultimatum for this Friday either to withdraw my eviction for refusing to pay the unenforceable rent increase or I would issue court proceedings without firther notice.
I have now received notice from Newbury Town Council that they withdraw my notice of eviction.
Unfortunately, they have also served me with a notice to quit March 31 2012, which I gather from their press release (http://www.newbury.gov.uk/Public%20Statement%20-%20Allotment%20Dispute.pdf) is because I asserted my consumer rights and demanded self-management.
Sweet.
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Congratulations on the first victory... keep it up! :)
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Outrageous they've made a such a public statement, accusing you of libel too.
I guess it's Round 2 as far as you are concerned?
Have to take my hat off to you mate, whatever happens next.
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I've just sent all 3 of them an email asking them how they manage to spend that much on so few allotments!
we manage over 850 for a lot less than that.
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That's very kind of you Tony. This is going to be a hard wrap to beat. The Council don't need a reason to evict with a Notice to Quit so I'm afraid I'm at a loss at the moment.
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Well, if the folk that you've helped on here in the past were to write or email to these 3 folk
Cllr Ifor Sheldon – Leader of the Council (ifor.sheldon2005@ntlworld.com 07954 182953)
• Cllr Julian Swift-Hook – Deputy Leader of the Council (julian@swift-hook.co.uk 07799 888444)
• Graham Hunt – Chief Executive Officer (chiefexec@newbury.gov.uk 01635 35486)
we might be able to convince them to revoke their 'notice to quit'
c'mon people, Simon's helped enough folk on here, now it's our turn to help him!!
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I think that the press release is totally out of order, since the press release is clearly aimed at one single person who can be easily identified.
The whole push of the present government is to make such thing self managing. Their assertation that self management does not work is an insult to all those who self manage any activity.
I suggest to start by going through the press release line by line and producing evidence to to contrary for each and every point.
For example they still have not explained precisely what they spend £50,000 plus on. I thought a large proportion of this was an allocations of overheads.
They cannot invoke the 40 days of non payment because you have actually paid a lower sum.
What about the local authority ombudsman?
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Hi Digeroo
It's a parish council, they're a law unto themselves, not within the ombudsman's juristiction.
They've stopped pretending that they can forfeit the tenancy over the rent because I called their bluff and they know I'm right. Instead they've served me with a Notice to Quit March 31 2012 because a Notice to Quit requires no reason, and as far as I can tell it would take a judicial review to challenge it and I can't afford that.
Thanks very much Tony, I think this might help. Please be polite though if you write to the councillors.
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Ombudsman not the right person yet but have a look at this
'If you have a complaint about a parish or town councillor this should be sent to the authority that the parish council is part of.'
http://www.direct.gov.uk/en/Governmentcitizensandrights/Yourrightsandresponsibilities/DG_10013518
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Yes, you can complain to the standards board if a councillor has broken the code of conduct, but it's an uphill struggle because I'd have to show that individual councillors had brought the Council into disrepute or had used their position to disadvantage me. I'll try it for sure because I don't have much else, but it's not an easy argument to make.
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you have mail, Simon ;)
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Well, if the folk that you've helped on here in the past were to write or email to these 3 folk
Cllr Ifor Sheldon – Leader of the Council (ifor.sheldon2005@ntlworld.com 07954 182953)
• Cllr Julian Swift-Hook – Deputy Leader of the Council (julian@swift-hook.co.uk 07799 888444)
• Graham Hunt – Chief Executive Officer (chiefexec@newbury.gov.uk 01635 35486)
we might be able to convince them to revoke their 'notice to quit'
c'mon people, Simon's helped enough folk on here, now it's our turn to help him!!
I am willing to give it a go. Unwashed has invariably contributed to any topics that I have started. Also his knowledge has supported many people who have been struggling with officials whether it's the Council or Committees.
However, I'm struggling to find what to say to them that may make a difference. Obviously, if I ask a question that will require a reply.
Any ideas of how we can tackle this?
Unwashed - would one of your fellow plotholders start up a petition against the eviction? The Council seem to place a strong emphasis on listening to plotholders 'the Council aims to have all allotment tenants as contented tenants, enjoying their plots'. Perhaps it could be extended to other sites?
Regards
Bluecar
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I am willing to give it a go. Unwashed has invariably contributed to any topics that I have started. Also his knowledge has supported many people who have been struggling with officials whether it's the Council or Committees.
However, I'm struggling to find what to say to them that may make a difference. Obviously, if I ask a question that will require a reply.
Any ideas of how we can tackle this?
Unwashed - would one of your fellow plotholders start up a petition against the eviction? The Council seem to place a strong emphasis on listening to plotholders 'the Council aims to have all allotment tenants as contented tenants, enjoying their plots'. Perhaps it could be extended to other sites?
Regards
Bluecar
Thanks for that. The Town Council don't listen to anyone, but I'll have a think about some kind of petition, though if the Council are going to victimise anyone who supports me I'm not sure I'll get much support.
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Another item in the local Newbury Press re: the unnecessary libellous public statement, stating publically (in response) why you refused to pay?
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to the press.. " nation wide outrage amongst allotment holders over victimisation of individuals rights to question Newbury Council's seemingly lavish spending claims"
Would that do? ;D
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Your county council or equivilant should have a Head of Standards Officer who has among his many duties has to police the parish councils. Now it seems to me, he might not have been informed of your troubles. Make sure he knows and also make sure that if he gives no joy you will be going up even higher to the national standards committee. It should not cost you a penny are they are bound by law to investigate any complaint. I have an idea that the standards committees have lay members of the public so it will not be weighted down by council members interests.
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Another item in the local Newbury Press re: the unnecessary libellous public statement, stating publically (in response) why you refused to pay?
You'd probably find the paper would be glad of a response, and it's very clearly aimed at you. I'm surprised the council are courting the potential bad publicity.
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Simon,
I support you in your stand against eviction in 2012 and wish you all the best, but if you sit tight could it get to the point when bailiffs appear and take all your veg for back rent, :)
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Have the local press published the statement? Is there a link?
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Simon,
I support you in your stand against eviction in 2012 and wish you all the best, but if you sit tight could it get to the point when bailiffs appear and take all your veg for back rent, :)
Thanks Mr. Smith. Yes, I believe the Council have the right to distrain so they might even have taken my prize shed! But they've known for sure that the increase was unenforceable since they complied with Trading Standards last summer, they just thought they could intimidate me into capitulation, and now they're just going to evict me because I was right. They'll not win. They've left me no option now, I have to fight on.
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Have the local press published the statement? Is there a link?
I don't know yet, I can't see anything on the paper's web site and I'll get the paper tonight. Tthe Council have till tomorrow evening to respond, and after that I'll know what comes next.
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Simon,
I support you in your stand against eviction in 2012 and wish you all the best, but if you sit tight could it get to the point when bailiffs appear and take all your veg for back rent, :)
Thanks Mr. Smith. Yes, I believe the Council have the right to distrain so they might even have taken my prize shed! But they've known for sure that the increase was unenforceable since they complied with Trading Standards last summer, they just thought they could intimidate me into capitulation, and now they're just going to evict me because I was right. They'll not win. They've left me no option now, I have to fight on.
If one of those councillors represented me I would certainly be making a point of airing my views to him on your predicament, once again good luck, :)
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Simon
Let me see if I understand this - your stand has been against the failure of the council to provide 12 months of a rent increase, therefore making it illegal and unenforceable?
It seems to me that the 12 months notice of the increase has now been served - are you going to pay the increased rate for this year?
If so, could you then become one of the contented masses which seems to be the council's aim? On that basis, there does not appear to be a basis for the eviction but as you rightly point out with 12 months notice served there does not have to be a reason.
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Simon
Let me see if I understand this - your stand has been against the failure of the council to provide 12 months of a rent increase, therefore making it illegal and unenforceable?
It seems to me that the 12 months notice of the increase has now been served - are you going to pay the increased rate for this year?
If so, could you then become one of the contented masses which seems to be the council's aim? On that basis, there does not appear to be a basis for the eviction but as you rightly point out with 12 months notice served there does not have to be a reason.
My dispute is that the rent review term is unfair under the Unfair Terms in Consumer Contracts Regulations 1999, and so I didn't pay the increase imposed March 2010. The Council gave notice that they would forfeit the tenancy on 13 December but I haven't backed down and the Council can't let it get to court as that would expose their lie - they've always known the rent increase is unenforceable, they just expected to intimidate everyone into paying - would you risk eviction for £20? They have withdrawn the notice for arrears and instead issued a Notice to Quit which needs no reason.
The Council need to make an example of me so that no tenant ever again will question their will and assert themselves. The last chance they gave me to retain the tenancy ran out 17 May.