Topic: Eviction looms!

[jaz167]

Hello,

I’m new to the forum and have joined because I need advice.  We’ve had an allotment for 12 years.  The land is owned by the United Reformed Church and at one end they have their church hall, the remaining land is divided into five allotments, all of which have been in constant use for as long as we can remember.  The church charge us a small annual fee.  There is no contract or any other agreement.

We have just been informed they intend to sell the entire plot (I suspect for development) next year and asked us to prepare to leave the land.

Do we have any rights or grounds for objection / compensation?

[Unwashed]

Hi Jaz, welcome to A4A.  I'm really sorry you're being told to move on, that's absolutely rotten.

Get onto the National Society of Allotment and Leisure Gardeners, they're the ones who know about this kind of thing.

As I understand the situation your site doesn't have protection from S.8 Allotment Act 1925 because it isn't a statutory site, but it does have protection from PPG17 which says the developer won't get planning permission unless you can be rehomed somewhere else.  Perhaps others can confirm this?

You have limited rights as tenants.  It doesn't much matter whether you have a written agreement with the landlord or not, if you've paid rent you're a tenant and you will need to be served with a minimum of 12 months notice to quit.  There's no prescribed form for the notice, but it must be unambiguously clear that it is giving you notice to quit on a specific day.

Who gets the bill from the church - each plot holder seperately, or one person on behalf of you all?

How often are you billed?  Annually on the same day, or irregularly?

Can you prove that you've paid rent?  Receipts, bills?

What does the letter say, the one telling you to prepare to leave.

It's really, really important that you do nothing to vacate your plots - business as usual is vital.  Don't be suckered into giving up your plots by handing back a site key or anything stupid like that.  You have a legal right to occupy your plots until a court orders otherwise so stand firm.  You probably can't avoid eviction, but you can buy yourselves times by knowing your rights and insisting on due process.  It almost certainly won't come to court because i there's no point defending the indefensible, but it's helpful to know what your rights are.

[Sinbad7]

Hi Jaz,

When I read your question 'adverse possession' sprung to mind.  The thing is I think it would cost a lot of money if you went down that route.

Sinbad

[Unwashed]

Hi Jaz,

When I read your question 'adverse possession' sprung to mind.  The thing is I think it would cost a lot of money if you went down that route.

Sinbad

No, they pay rent, so it's with the consent of the landlord.  Jaz - DO NOT suggest to the church that you are in adverse possession - that's called 'alienation' (Edit: er, no, I think that's something else.  I'm sure it's got a name though) and you'll be evicted with short shrift as sure as eggs are eggs.

[Sinbad7]

Sorry jaz for wrong info.  It's the first thing that sprang to mind.

I'm sure Unwashed is right.

[elvis2003]

i dont have any better advice than unwashed,but want to wish you luck with this.maybe get yourselves on waiting lists in your area just as a precaution
all the best
R x

[tonybloke]

can't you say to 'the church'

I am always welcome at my fathers home.   ;)

[Digeroo]

I do not think that a contract has to be written.  By paying rent and having access to the land there is a contract.  A court might decide what is reasonable concerning notice, so it is cheaper to come to an amicable agreement between the parties.  But since you have crops I think that the 12 months notice would be reasonable.  Presume you can also object to the planning application.

Good luck.  It is very sad when you have used a site for so long to find that you have to move on. 

Time to start looking for an alternative site.

[jaz167]

Thanks to everyone who has replied, especially 'unwashed'.

In answer to your questions -

We all pay individually
We get billed annually at about this time of year
If we looked at our bank records we could probably prove payments made for the last 5 years

I will PM you with the transcript of the letter.

[Unwashed]

If you pay rent annually then you have an annual periodic tenancy.  It doesn't matter that you have nothing in writing, if you can show the court that you've paid rent annually that'll do the trick.

By common law you must be given at least 6 months notice to quit and the notice must expire on the last day of the period which is going to be the day before you usually pay the bill.

I know it's not a council allotment but I think you have a good chance of arguing that the provisions of S.1 Allotment Act 1922 (as ammended S.1 Allotments Act 1950) apply so the landlord has to serve a minimum of 12 months notice expiring on or before the sixth of April and on or after the 29th September.  That guarantees you at least the coming growing season and if you all stay schtum it's very likely that your landlord won't twig their obligations until the middle of the year by which time you'll be guaranteed the whole of the next year's growing season as well.  So say and do nothing and you should have until at least 29 September 2012.  You might find something else in that time, or you might find the developer doesn't want to develop the land immediately and lets you stay on.  You might also find that the developer is obliged to find you an alternative site before they can develop your site.  Adn then you could also find that the developer wants to make it worth your while to leave earlier than they can make you.

If that's not clear, just ask.

Note that your landlord selling the land does nothing to invalidate your tenancy.  Your tenancy is a legal estate in land and what the landlord owns is the reversionary interest, and she can sell that, but you still own the lease, albeit with a new landlord.  Not all landlords understand this.  Your plot is exclusively yours and your landlord is trespassing if they even set foot on your plot without your permission.  If the land is being sold then if the solicitors get to hear that you're tenants they'll probably serve notice to quit, but it's not impossible that you'll get overlooked, and it's also not impossible that the solicitors will get the notice wrong because not everyone knows about the allotment acts.

That's for the PM.  The letter you have is not a notice to quit.  An essential element of a notice to quit is that it must unambiguously tell you to quit on a single definite day.

So if I were you I'd just carry on as normal and not give any inkling that you know your rights until you have to.

Please bear in mind though, I have no legal training and this is just anonymous advice from a bloke on the internet.  I hope I've given you enough pointers to do your own research.

[jaz167]

thank you 'unwashed' for the advice.  we're sticking fast, saying nothing for the time being