I've received a final warning that unless I pay my rent by 17 May my tenancy will be terminated.
My council increased our rents 47% this year from £4.71/pole to £6.94/pole and I am refusing to pay the increase because I believe it to be unlawful. I've several times invited the council to discuss the issue but they refuse.
My contention is that the Unfair Terms in Consumer Contracts Regulations 1999 (http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=unfair+terms+in+consumer+contracts+regulations&Year=1999&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=2730925&PageNumber=1&SortAlpha=0) say a term that allows the council to increase the rent without at least giving me the opportunity to cancel the contract is unfair, and if it's unfair it's unenforceable. Under the terms of my tenancy agreement I am required to give my council 12 months notice of cancelation.
It would be fair if the contract said the rent would go up by CPI, and it would be fair if I was given at least 12 months notice of an increase, but otherwise not. The council will have to apply to the county court for a possession order because I don't agree that they have grounds to evict me, and I'll get the opportunity to put my argument to a judge.
I think it would have been much better if the council had agreed to discuss the situation, but that's not their style. I'm reasonably confident that I'm right, but there's still a very good chance that I'm wrong, and I'll be devestated if I lose my allotment. I've been on site since 1995 and I'm a huge enthusiast for the movement so it'll be a real blow, but I'm very unhappy with how the council treat their allotmenteers and I believe it's worth making a stand. Rents is part of the problem because there will be folk, particularly pensioners, who won't be able to afford their alllotment if the council are free to keep ramping up the cost, but it's the whole attitude of the council that stinks.
Anywho, if I'm wrong I'll have to concede gracefully, but if I'm right then I'll want the whole bunch of bully-boy councillors to resign - if I'm risking my plot by standing up to them I expect them to risk something in return.
And I still have two other threats of eviction pending. My notice to lower my flag expired 1st April and I've heard nothing more from the council about that, so it looks like that was just a piece of groundless harrassment after all. And after I complained about the council contractors trampling the back of my plot I was told to get off the end of my plot or they'll evict me from the whole lot.
You may strengthen your position if you pay under protest then challenge the rent increase demanding a refund for the portion of the rent you believe to be unfair. If you simply withold the money then the courts may view that as sufficient reason to grant a posession order.
The problem is that if you take them to court and loose you will have to pay their costs, and you can be sure they will ensure they are extremely high. Have you got anything to loose. Are you for example a man of straw? You could loose the allotment
It would be great if you could have a court case just as an election is coming up, but by the time you get a hearing it will be long since done and dusted.
I would pay it in pennies or write a cheque on something awkward. Or take it in after a visit to your allotment.
The problem is that unless you can get other people to make a stand you are rather a lone voice. Presume they also have a waiting list.
Presume they they are more than prepared to cancel the contract, they cannot wait to get rid of you.
Do they give pensioners a discount?
:o £4.71/pole to £6.94/pole
HOW MUCH !!!
Were paying "£27 a year no water supply no manure just the plot !!!
I think that you are right that any notice of increase must be given 12 months in advance or it is unlawful. I believe this happened in Cardiff a few years back and they had to withdraw the increase. When I had a plot there we had notice of the following years increase together with the payment demand for the current year. (It was only ever a small amount though not nearly 50% like yours.)
Even so, as others have said I think it may be wise to pay under protest rather than lose your plot. Very difficult to decide what to do when you obviously feel so very strongly about it but also love your lottie.
Good luck!
Hi Baccy Man, yes, I'm pretty sure that I'll lose the plot if the court doesn't agree that the increase is unlawful, but it's only the court that can make that decision. Paying under protest and appealing to the council might work if the council were likely to consider the complaint reasonably and fairly, but mine won't.
Hi Digeroo, yes, I stand to lose the plot and have to pay their costs, and I have no idea how much that might be. What's a "man of straw"? And yes, they have been itching to evict me for some time. No pensioner discount, though stewards get their plots free. ;)
Hi plot51A, someone has to stand up to them. All the same, I'm disappointed not to have much support.
what do your fellow plotholders have to say about this,surely youre not the only one protesting about such an increase? do you have any support from them?
How much do the allotments cost the council to run. A lot more than they get in the old rents I bet.
Do you think that it is right to use council tax payers money to subsidise your hobby?
Stick to your principles. After all money is tight everywhere. I hear they are even cutting down on essentials for the OAP and needy. After all your hobby must come first, before that load of scroungers.
I would pay it and argure it after,,that at least protects your plot. I would also ask myself very seriously how much is principle here and how much is enjoying a good fight, if you cross the line from one to the other you have lost the plot so to speak and might just lose the actual plot,there goes your investment in the land etc etc..be very sure why you are doing this especially as it seems you are alone. I ask this as cannot see the point of fighting over a flag and wonder if you still have that in your mind as a victory.
XX Jeannine
Elvis, as far as I can tell there are only a handful of tenants who care at all. I'd guess quite a few were a bit miffed initially, but they appear to be resigned to doing what the council say.
ACE, I couldn't agree more. Newbury Town Council spend £125k on the allotment service and collect £18k in rent, and it could appear that I am being outrageously selfish quibbling over an extra £22 for my hobby, albeit a hobby that feeds my family.
But it's a matter of public record (Google for Simon Kirby in the minutes of the Community Service committee) that I have asked the Council several times for the tenants to be allowed to contribute to the maintenance and administration of the site. For thirteen years I dug the ditches and cut the grass, but a couple of years back the regime changed and the new lot wanted to build a professional grounds-maintenance empire and my contribution queered their deal. For example, I dug the main ditch a couple of years ago after they told me not to - it was my responsibility under the rules and I enjoy the work - and they were really cross. It took me about 100 hours and I did an excellent job, but they had to have the last word so they sent their contractor in anyway and paid him £2400. Then they changed the rules so that I wasn't allowed to do the work.
Of the £125k it costs Newbury Town Council to provide the service £64k is overheads, £39k is administrative staff, and £22k is maintenance contractors. I've asked the Council to let us self-manage, and that would save the tax-payer £107k, but the Council refuse even to talk to us about self-management, and they refuse to recognise the allotment society I started while I have anything to do with it because I've criticised their inefficiency and because they don't want to lose their gravy train.
Unwashed, if this is true your 'clowns' should be in the up for a stupidity prize. If their complaint is how much the allotment costs then they should take every bit of help they can. 107k could pay for rather a lot even managed by idiots......
Please keep the plot, allotments need people who care :)
And get in the local rag asap, there's nothing like a bit of bad publicity to ruin their day without risking yours. ;D
Quote from: gp.girl on April 16, 2010, 22:37:28......get in the local rag asap, there's nothing like a bit of bad publicity to ruin their day without risking yours. ;D
Already been done but doesn't seem to of had much impact.
http://www.newburytoday.co.uk/News/Article.aspx?articleID=12098
http://www.newburytoday.co.uk/News/Article.aspx?articleID=12237
More recently Wash Common allotments were recognised as the best site in Newbury by the council.
http://www.newburytoday.co.uk/News/Article.aspx?articleID=12587
Unwashed's shed was also in the news a couple of years ago (before the flag went up) when it was voted the second best in Britain, it's fairly obvious he is attached to it. The story & video can be found here:
http://www.newburytoday.co.uk/News/Article.aspx?articleID=7231
Cheers Baccy Man. ;D
have you been on to NSALG, yet?
Quote from: Unwashed on April 18, 2010, 18:14:15
Cheers Baccy Man. ;D
After watching the video showing your sonnet to your shed I had to post the link.
QuoteOf the £125k it costs Newbury Town Council to provide the service £64k is overheads, £39k is administrative staff, and £22k is maintenance contractors. I've asked the Council to let us self-manage, and that would save the tax-payer £107k, but the Council refuse even to talk to us about self-management, and they refuse to recognise the allotment society I started while I have anything to do with it because I've criticised their inefficiency and because they don't want to lose their gravy train.
It maybe worth suggesting they read this :http://www.communities.gov.uk/documents/communities/pdf/321083.pdf (http://www.communities.gov.uk/documents/communities/pdf/321083.pdf) - Quirk Review.
I would pay up to save your plot and be a real pain until they sort themselves out!
Quote from: tonybloke on April 18, 2010, 18:32:13
have you been on to NSALG, yet?
I'm not a member Tony. Would they help me with this if I joined?
Baccy Man, thing is now you'll all be posting the sonnets you've written to your sheds. ;)
Thanks for the link 70fingers, it's good stuff isn't it. They read every post I make on A4A so I'll leave them to follow the link, though Newbury Town Council is run by Lib Dems and Tories and if they can't be bothered to read their own party manifestos I don't think they'll be that challenged by a Labour strategy.
Pay up under protest - there is absolutely no point in you losing your allotment. It is unlikely that you are ever going to win against this sort of beauracy and - more to the point - is probablyl not doing your stress levels any good.
There is no point in point scoring and proving a point if you are underground due to the stress of it all.
In all honesty - I still think allotment rents are ridiculously low in the whole scheme of things - and have said so many times - but Unwashed isi it really worth the aggro it is causing you.
Time to back down and enjoy your life and your plot!
Old Bird
;D
Unwashed = 'man of straw'
Pay up - keep your plot - get yourself elected to the council - work from the inside to expose their stupidity and greed!!
Just watched the video and read the links.
Firstly Fab shed unwashed my OH was drooling ,he's got a thing about sheds.
secondly so sorry about your problem :(I've no idea what the solution is but you're right not to take it lying down >:(
Thirdly it's made us nervous ,our rents are reasonable ,we are self managed but nothing stays the same and I bet there are many A4 lottie holders shakin' a bit in case their councils follow suit :(
GOOD LUCK !! :)
'Just been down to our site and spoke to a couple of people who said you should ALWAYS be given 12mths notice of increases.Our recent bill gave notice of increases next year.
Unwashed = 'man of straw'
OB, arphamoe, thank you for your concern. I know it's only the difference of £20 for me, but it's the principle. It's my understanding that the Town Council can not lawfully demand the money, and rather than discuss it reasonably they're bullying us into paying up. Paying under protest achieves nothing because it leaves the decision up to the Council and that's the whole point - Newbury Town Council can't just arbitrarily decide how to behave, they must behave lawfully but they chose not to.
Macmac, thanks for the compliments. I'd be really interested to know why your buddies think they have a right to 12 months notice. It'l likely their tenancy agreement doesn't have a rent-revision clause and so the tenancy is actually terminated and replaced with another at a higher rent, and it's that that requires 12 months notice under the acts. But if there's another reason I'd love to hear it.
I could be completely wrong here but I was under the understanding that if you pay the increase or sum requested under a contract or one that is presented to you, then you are deemed to have accepted the new terms regardless of their legality, thus they become legal and enforceable. If you get what I mean.
Dont pay the sods unwashed.
Superspud, I've assumed that principle too.
Stand on an anti-sleaze ticket, pick up a couple of local issues the council is ignoring, and you never know!
Not that I condone it, but a friend of mine once phoned an adversaries wife and asked her to give her husband a divorce as she must know how much they loved each other.................... and the time they spent together recentley meant so much.
Skin a cat and all that.....
Quote from: Unwashed on April 25, 2010, 16:24:19
It's my understanding that the Town Council can not lawfully demand the money, and rather than discuss it reasonably they're bullying us into paying up. Paying under protest achieves nothing because it leaves the decision up to the Council and that's the whole point - Newbury Town Council can't just arbitrarily decide how to behave, they must behave lawfully but they chose not to.
The problem is that witholding rent is so frequently considered to be grounds for a possession order to be issued regardless of any disputed points in the contract.
Quote from: Baccy Man on April 25, 2010, 22:03:33
The problem is that witholding rent is so frequently considered to be grounds for a possession order to be issued regardless of any disputed points in the contract.
For sure, withholding lawfully demanded rent is very likely to get you evicted. But what if the rent is not lawfully demanded? My tenancy agreement says:
The tenancy may also be determined by the Council or the Tenant by twelve months notice in writing in compliance with the Allotments Act 1922.Now ignoring for a minute that the Allotments Act 1922 doesn't actually say anything about the the notice the tenant has to give, nor is a term that incorporates statute by reference fair under UTCCR 1999, this term means that I can not cancel the contract without 12 months notice, and if the term is inoperative then the common law fallback is 6 months.
To try and wriggle out of that difficulty the Council have written to every tenant telling them that they waive the notice requirement, but they can't unilaterally vary the terms of the contract, and if they could I am still not free to cancel the contract without loss because by the time I received my rent demand I had already bought seeds and sundries for the year, and I have crops in the ground and fixtures that I will not be able to take with me.
So now I rely on UTCCR 1999 S.5(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Specifically, Schedule 2.1 Terms which have the object or effect of (j) enabling the seller or supplier to alter the terms of the contract unilaterally without a valid reason which is specified in the contract;
and 2.2 (b) Paragraph 1(j) is also without hindrance to terms under which a seller or supplier reserves the right to alter unilaterally the conditions of a contract of indeterminate duration, provided that he is required to inform the consumer with reasonable notice and that the consumer is free to dissolve the contract.
So were I free to cancel the tenancy, that is, were I contracturally free to cancel without suffering any loss either under the contract or by its cancellation, and were the Council required by the contract to give me reasonable notice of the increase then the Council could lawfully impose whatever increase in rent they wanted to. But I'm not, and they didn't, so they can't.
That's my contention. That they were not entitled to increase the rent arbitrarily without notice, and such an increase is unlawful.
The principle that is important to me here is that the Council believe they can act however they choose. It's not just about rent, it's their whole attitude to us as tenants. I've ben pushed too far and I'm not inclined to be pushed any further.