Basic Laws - Allotment act

[Skywarn]

Is there anywhere on the web were I can find the Allotment act in
laymans terms?

I seem to recall someone on here saying that a committee cannot kick
you off a allotment plot, Section 1 You must give 6 months notice or more?
I am not sure, but a copy of the Allotment act would be interesting reading.

[Skywarn]

[BAK]

Not that I am aware of. Note that there is no single allotment act - there are many of them!!

There is a short useful 3-pager from NSALG ...

http://www.nsalg.org.uk/uploads/article547/Allotments%20-%20The%20Basics.pdf

ARI's useful plotholder guide ...

http://www.farmgarden.org.uk/ari/documents/plotholdersguide.pdf

Further useful links can be found here ...

http://www.allotmoreallotments.org.uk/legislation.htm

However, if you want to go into the subject fully then, as unwashed has mentioned several times, get hold of a copy of The Law of Allotments (5th edition) by Paul Clayden.

[Unwashed]

Like BAK says, the Paul Clayden book is a good start.  The Allotment Acts are here, and the statutelaw site is good because all of the ammendments are written back into the older legislation, so for example the provision for a six month notice to quit from the 1922 act becomes a 12 months notice because of the 1950 act ammendment.

The Allotment Acts are quite friendly as legislation goes, but you need more than that to understand evictions.  For starters, there are at least two distinct ways to get evicted; notice to quit and re-entry for default.  The Allotment Acts are important but there are other issues such as due process, property law, contract law, public law and equity.

Dou you want to ask a specific question about eviction?

[Skywarn]

Cheers for the replies guys.

Looks like a bit of a mine field to me.

Here are some reasons why our committee needs to go, please feel
free to reply if you think these are valid reasons.

1. Inaccurate Minutes.
2. Acting on a undemocratic petition not circulated to most members.
3. Temporary chairman being signatory to said petition.
4. Failure to follow up members wishes to allow a member onsite.
5. Continuing legal action without approval of membership.
6. Failure to inform membership of Chairman.
7. Failure to call a EGM to resolve chairmanship issue.
8. Demanding secrecy of discussions at a committee meeting.
9. Failure to move the allotment forward in terms of facilities and infrastructure.

Our elected chairman at another EGM stood down and said that an EGM should be called, He said that should take place within 30 Days. No EGM has been forthcoming and its now about 3 months since our old chairman requested an EGM to resolve. No member knows who the Temp Chairman is and now there is 'movement' within our Stewards.

I may bring up at our next AGM in January that the Committee minutes should be posted on our notice board. I feel that a long standing issue is to blame here and this 'issue' will not go away until there is a new committee to bury it once and for all.

Sorry, I think this is not the way to conduct business and something needs to
be done. But if I go ahead with a petition to call an EGM with the intentions
of a NEW committee and it all falls flat. I don't want to lose my plot.
This is why I am asking the question
However, having said that i do seem to have some backing within the committee and that I currently have 30 signatures to call an EGM to resolve the issues out of a possible 130 membership base.


I beleive that a couple on our membership have gone to the National to get backing, but what are they saying to the National? I feel that the couple on the Top Table are hiding behind what ever the national says, but I dont think they know the FULL STORY.

Its very ddifficult to say the least,. I could just forget it all and walk away, but I feel really strongly about these issues and if I walk away from it will never be closed for years to come. They can not be allowed to get away from it.

I feel that an EGM is the only way around this and for the National to be present at our election.

Lastly, There was a BBQ on one of the allotment sites, a know troublemaker reported it to the committee as he said under health and safety we should not be allowed BBQS. Now, he has connections with our top 2 on the committee, hell bent on trying to upset someone who wants to run from chairmanship.. It goes on and on and on.

I know what the problem is, the top table (3) do not want the person to become Chairman and they are doing everything in there power to stop him from being  elected, because if its left to the members he will be chairman because he is liked and has the allotment at the forefront of his mind and helps ALOT and will be a outstanding ambassador for our allotment association. Sorry, way to many 'ands' but its late.

Why all the problems? Its an allotment for all to enjoy, we must rid of problems and start afresh

Enough is enough.  :-[

Thanks Guys

[Unwashed]

Hi Skywarn

As a rule anyone can be given 12 months notice to quit, but if you refused to go the Committee would need to go to court and get a possession order and there are a number of reasons the judge would refuse to give the possession order, but then again he might.  It's possible that if your behaviour was unacceptable that you might be in breach of a term of your tenancy and the Committee might try and terminate your tenancy for that, but again they'd need to get a possession order and there would be arguments to be made in your support.   What does your tenancy agreement say?

About your committee's behaviour:  I'll be brutallly honest with you, there are none of those nine points that, heard from another point of view, would not be entirely reasonable, or at least excusable, in some circumstances.  Committees can become tyranical, but tenants can become disaffected malcontents.

You need closure on this issue because it's spoiling your enjoyment.  Can your council offer you a conflict resolution service because it sounds like it might be too much for you all to resolve on your own?

Where is your site approximately?

[Skywarn]

thanks for your reply. You are very helpful to say the least and respect your comments
We are in SW England.
By the way of your post perhaps it would be an idea to stick it our till next jan when we have out agm.
I would however like to know more about conflict resolution. Could be a road that we could take? Iam not sure what that involves?
I know it may not seem fair to the forum as others may be interested in this sort of discusion, but could i pm you then i can give details of the full story.

Thanks

[Unwashed]

PM by all means, I'm happy to help how I can.

In general terms, conflict resolution is the rational, peaceful resolution of a dispute by mediated discussion to get at the root of the problem.  There are organisations that specialise in it, ACAS for one, but a county council might offer the service, and so too might a councillor, or possibly even a local church.

[Robert_Brenchley]

On the other hand, assuming you have an Association with a reasonable constitution, it's the members' democratic right to elect a new committee if they so desire.

[Skywarn]

hi unwashed, i sent you a pm. Thanks

[Unwashed]

Reply sent.

[Skywarn]

Hi unwashed, I sent you a reply. Thanks

[cornykev]

Any chance of not keeping it as secretive, because although were not repling, some of us are watching this post but need a bit more info before we form an opinion, cheers Skywarn.  ???    ;D ;D ;D

[Skywarn]

Hi cornykev
Yes sure, I have already brought this up with unwashed.
I too feel this will be of interest for other Allotments trying to rid there
allotment of a disease and the potent stink.

Once unwashed has answered my question I will post it here, if he allows, but
please be aware that others view this forum as well and I don't want it
to get into the wrong hands currently. But again its democracy at work.

;)

[cornykev]

Oky doky.    ;D ;D ;D

[Borlotti]

We are not allowed barbeques on our allotments, Council run and owned.  Also we have to abide by the rules.  Bonfires only at certain times of the year, and no sheds, greenhouses.  Dogs on leads etc. etc.  Still most of the rules are for a purpose and I agree with them.  The only reason they don't allow sheds is because they have been broken into so many times.

[cornykev]

Same as Borlotti as we in the same borough, except we have sheds, but the council refuse to repair any now, but have said they will take somebodys down if they are beyond repair and they will not do it themselves, should be interesting next year as they charge extra for them.
A note for myself:  must visit Borlotti's site.
      :-X     ;D ;D ;D ;D ;D