allotment law

[gingerninja38]

does anyone know where i can read or get a copy of the allotment act 1950, especially regarding eviction laws?
thanks

[gingerninja38]

[Baccy Man]

Here is the Allotments Act 1950 or the Allotments (Scotland) Act 1950 some of the laws will connected to or still apply to the Small Holdings and Allotments Act 1908.

[redimp]

It has been very heavily amended over the years.  Most bits of legislation can be found online but can be very hard to follow if they are old and have been significantly amended, repealed or superseded by subsequent legislation.

Here is a search page from Ministry of Justice:
Search of Allotments Act

[gingerninja38]

thanks, our committee wants to change the notice to quit for poorly managed plots to 6 weeks and i wanted to check the law.
â€" (1)  Paragraph (a) of subsection (1) of section one of the M1 Allotments Act, 1922 (which specifies, as the only kind of notice to quit that may be given by a landlord in respect of land let on a tenancy for use by the tenant as an allotment garden or let to a local authority or association for the purpose of being sublet for such use, a six months’ or longer notice expiring on or before the sixth day of April or on or after the twenty-ninth day of September in any year) shall have effect with the substitution, for the reference to six months, of a reference to twelve months.
what does it mean when its says "which specifies, as the only kind of notice to quit that may be given by a landlord in respect of land let on a tenancy"
does that mean you can't get rid of bad tenants unless you give them 12 months notice?

[ACE]

I take it you have an alloment society. Which mans you have taken over the administration from the council, although they are technically the landlords to the society, your commitee have carte blanche to run the allotments for them.

Call a extra-ordinary AGM and vote in a new constitution.

This may only be barrackroom lawyer rubbish, but it worked for our committe when I used to have time for a full allotment, nobody questioned their decisions as the plotholders all thought it was the most democratic way of doing things.

[Baccy Man]

Yes that means 12 months notice but if they get their plot sufficiently cultivated within that period they can avoid eviction & you have to start over.
However paragraph (e) of subsection (1) of section one of the M1 Allotments Act, 1922 still applies giving you the power of re-entry for non-payment of rent or breach of any term or condition of the tenancy or on account of the tenant becoming bankrupt or compounding with his creditors, or where the tenant is an association, on account of its liquidation.

Using the power of re-entry you can give them 3 months notice for breach of tenancy conditions) rather than termination of tenancy (12 months). You can't get it down to 6 weeks but you can get it from 12 months to 12 weeks.

[arphamoe]

There is a newly-printed 'Allotments - a plotholders guide' which was revised in June 2007 that has lots of advice and pointers. I found it when going on to the Allotments Regeneration Initiative website. Covers this and many other points, including advice on how to get potentially free legal advice. Worth a look and tease out your particular issue! :) ???

[gingerninja38]

basically yesterday was our AGM and there was a coo (sp?)
they voted in a new committee and our new committee constists of hitler, stalin and thatcher!
it all got very personal with mud slinging and name calling. last year i took on a very delapidated plot and i have done loads of work and cleared 3 skips of rubbish but the new committee thinks that i should be doing more, i also have a 1 year old baby. i grew quite a lot last year around the rubbish but they want to give me notice to clear more of the plot as i have had 'long enough to sort it' acording to them.
and i wanted to make sure of the law.
have you seen the film grow your own? basically our new manager is like that, and all his friends voted him to the committee.

[Baccy Man]

A coup is usually the only way that kind of person gets any power.
Your tenancy agreement should specify the percentage of your plot that needs to be cultivated, to keep your plot you will need to get that done.
When you took on the plot was there any agreement made regarding the dilapidated state & the rubbish left on it? Is there anyone who could help you clear the rubbish quickly so the committee can't take further action? If not it may be worth asking whether there is any forum members in your area I am sure there are plenty of forum members who would be will to help if they are close enough.

[gingerninja38]

i'll have to dig out the agreement. i have about 1/3 worked and the rest is either covered in rubbish or plastic.
i'll have to read up on the law and make sure that the constitution is legal for a start. the gentleman in question was on the original committee when the  site went self managed and i believe that he helped write the constitution