Allotments and bankruptcy

[Janine]

Hi folks

Wonder if anyone could shed some light on a rather disturbing clause in my allotment tenancy agreement.

It states that the tenancy "may also be determined" "if the tenant should become bankrupt or compound with his creditors".

The credit crunch has hit and I may have to declare myself bankrupt later in the year.  I dont want to contact the council in advance as it might alert them to something they wouldnt necessarily find out about unless they were checking. Paying the rent for the plot will not be a problem whatever happens, as friends and family would chip in the £30, or I would pay a few years up front.

Does anyone know anything about this? Is there some archaic law or is it one of those clauses that are open to interpretation? Have had my plot 2 years and transformed it from a wasteland to a lovely 100% cultivated garden. Losing it would finish me off  :'(

[Janine]

[OllieC]

Harsh as it may seem, it is in lots of tenancy agreements (have you googled "bankrupt allotment" ?). They would have to find out though so I personally wouldn't notify them on the basis that my personal financial affairs are between me & my debtors or creditors. I would also add a mate or the Mrs (or Mr in your case?) or whoever to the tenancy ASAP.

I know with ours it's in there but wouldn't normally be enforced. Assuming that you become bankrupt having done everything you can to avoid it, it would be the last straw wouldn't it!

Good luck.

[Robert_Brenchley]

If it happens don't tell them!

[flitwickone]

dont tell em its your business not theres

[caroline7758]

Unfortunately bankruptcy is a public record- it will be published on the internet and possibly in your local paper. Guess it depends whether the council checks!

[Squash64]

Welcome to A4A Janine.

I've never heard of this before. I just checked my tenancy agreement and can't see it there.  I suppose it varies from council to council? 

I agree with Ollie, and would add someone else's name to the tenancy.

Maybe Unwashed will be able to shed more light on this.

[saddad]

I'd get another name on the tenancy pdq... just to be sure :-X
Oh and welcome to :)

[Unwashed]

Yes, unfortunately it's one of the permissable reasons to end the tenancy under the 1922 Allotments Act

S.1(1)(e)  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.

[cocopops]

I imagine that the lease is an old standard one and is concerned with non-payment, maybe it was a problem at the time the lease was written.  It is very very likely that unless you are  in areas that no-one will notice. 

Having been in a similar position a few years ago I understand that you do not want the one thing that is 'right' taken away from you.  Please mp me for support if you wish.  I went to hell and back but there is a future. Allie x

[Unwashed]

Please mp me for support

Allie, you'd get my vote. :)

[betula]

I think it is in my tenancy agreement too.

Cn't imagine the council checking stuff like that really ???

[asbean]

I'm sure it's in my agreement.   What they don't know they can't grieve over, so don't tell them.

[Robert_Brenchley]

I bet the Council allotments department is well understaffed, so the chance of them bothering to check things like that on the off-chance will be zero.

[elvis2003]

keep your head down and your gob shut (as my dad would say if i asked him his advice on this) im pretty positive there is no way anyone from the council would even hear about this,and then be bothered to follow it up. good luck with everything
rach
x

[Janine]

Thank you for all your support! That has put my mind at rest a little. They are certainly understaffed so hopefully they wouldnt check. Will look into getting a friend put on the tenancy too.

Allie I may PM you, thanks.

[Jeanbean]

OMG seems a bit of a harsh rule as others have said, the lottie is where we regain our sanity when things go belly up. Welcome Janine and as advised 'Mum's the word'

[cornykev]

Hi Janine and welcome, as said already get someone on your tenancy and be careful not to tell anyone on any forums about your whereabouts or your business, big brother is always listening.  :-X      ;D ;D ;D

[beanqueen]

Hi
In my agreement ( drafted in 1930 I believe) it also states that no perennials are to be grown and that no shed or building erected without prior permission

I often think of that as I walk along passing fruit trees, bushes,vines rhubarb and sheds built of wierd and wonderful things :o

I would say nothing..all the council are concerned about it whether the rent is paid and the plot being worked

Sorry to hear your news..all the best

[Janine]

Cornykev good point. Thanks for your advice folks, I will wave goodbye now (I'll be back  ;) )

[powerspade]

My Council has only one person running the 83 allotment site in our area I dont think he would he up to the job of checking newspapers etc to find out if tenants were bankrupt or not, He does`nt even check up many allotment sites full stop. I have been on my plot now for over 11 years and am on the commitee without one visit from anyone from the council. My advice to anyone who finds themselves in financial difficulties is pay your rent and keep growing your stuff