[New shoot]

The council just can’t be bothered to act- but I’m going to do my best to make them.

I would try and make them as well, but if they are like my council, they will be pretty good at sweeping such stuff under the carpet and ignoring it 

Can they at least find you a nice plot on another site where you could garden in peace.  I know you don’t want to move, but for your wellbeing, it might be for the best.  It is wrong that you have been forced out, but if it is a futile fight, continuing it might just be making you unhappy for nothing 

[Pimento]

Hi Mum, thanks a lot.

Yes, I have a lot of property there when you take into account heirloom plant collections.

Have to be a bit careful here as you don’t know who’s watching. Would really appreciate any advice by PM. x

[grinling]

Making a complaint ? ?ask your council

this might help, procedures need to be followed.

[Pimento]

Hello all,

Just thought some of you may be interested in an update on my situation and, who knows, it may even help someone.

I have bottomed out that my eviction is unlawful. I’ve spent the last four months trying to resolve this through mediation/adjudication with the help of the local allotment federation and the National Allotment Society. The allotment committee on my site, though, have steadfastly refused to engage or allow me any right of reply or appeal.

They have continued to spread defamatory slurs about me and the harassment has genuinely made me ill.

Despite being warned their actions to date have been illegal, they are threatening to remove and dispose of all my possessions in a few days’ time. The local council still refuses to act, despite endless correspondence.

Please does anyone have any thoughts?

[Subversive_plot]

Do you have a local TV news station that might be interested in what is happening to you?  If you can find a willing ear in the media, and stay 100% on-message about the illegal stuff that you can prove, it might embarrass the council to take some action. Maybe at least get your belongings back.

[Pimento]

Thanks, Subversive! Yes, I have access to local media. It’s definitely an avenue worth pursuing.

[Yorkie]

Local govenment ombudsman, but only after you've exhausted all internal council complaints routes
https://www.lgo.org.uk/

[Pimento]

Thanks, Yorkie - yes, definitely. But that will be too late to save my plot, I’m afraid.

[Goosegirl]

Informing the council your intentions of contacting the local media, MP and a solicitor PDQ might make them think again before evicting you

[Pimento]

Thanks, Goosegirl. The site is actually self-managed, but the council could intervene if they wanted to. Tomorrow is D-day!

[jerry111]

Hi Pimento
I have read your story with interest.
Make sure you stay on your plot tomorrow.
When 'they' come to repossess ask to see their court warrant?
They won't have one
Call the police 999 ... important evidence that you protest this eviction.
The police will probably side with the committee (its easier for them) and they will ask you to leave the site.
You have to comply, but you have made your point that you protest the eviction.
Make sure you take photos of the evictors and ask the police to identify them.
After eviction take them to court for unlawful eviction
claim damages equal to the value of your allotment infrastructure ... good weed free land. sheds etc
claim damages for loss of benefit ... how long is a piece of string? ... go for at least £1000
Why am I confident ... because I have just gone through that same process and won my case against my ex allotment association in the small claims court.

Remember your tanancy agreement is in fact a lease and an eviction process must follow s146 law of property act ... look it up.

They haven't ... they didn't offer a remedy and they didn't go to the court and obtain a repossession order.

Unfortunately you won't be able to resist them reclaiming 'their' land from you, they do it by force ... but you can hit back at them with a substantial money claim.

Fighting to keep your allotment is a waste of time against determined landlords I'm afraid.

good luck!

[Pimento]

Thank you, Jerry…  It’s very encouraging to hear from someone  who’s taken the bad guys on and won at least some kind of victory.

Unfortunately, I’ve already been evicted and locked out of the site but the dispute has been ongoing. I’ve already been through exactly the scenario you mention with the police.

I’m also aware of the Law of Property conditions, thank you, so it’s really helpful to hear those arguments have worked for you. My Notice to Quit flouted all those terms, and they also broke the law by only giving me two weeks’ notice.

I’m still hopeful of getting my allotment back… At least, I’m not ready to give up yet.

Thanks again for the encouragement, and congratulations on winning compensation… It’s all a tough thing to go through, isn’t it? There are some awful people around.

[jerry111]

Hi Pimento

being locked out is technically a forced eviction ... so they have definitely breached s146 law of property act

Don't worry about doing a small claims now you have up to 6 years to do that ... and I waited nearly 6 years ... they were a bit surprised when I did though. 

I would be quite happy to give you finer details if you ever want to use that route ... it is more easy than you think.

I would use my success ... and I think it sets a precedent because I have never heard anyone else using this s146 with allotment evictions. 

Why not use it as a lever against these nasty lot ... tell them you will take them court for breaching s146 ... and use it as a bargaining chip.  Tell them others have used it with success in similar circumstances.  Tell them what you will claim against them as well ... go high ... the judge will never raise your claim but he might lower it 

Keeping your allotment is always the ambition ... but remember your allotment will never be a friendly place while they are in charge.

[jerry111]

I forgot pimento ... even if you get your allotment back they could immediately give you 12 months notice to quit without giving any reason ... it would be totally within allotment law and lease law ... sorry about that pimento.  I would go for damages ... you are in a strong position there.

[jerry111]

one last post before I bore everyone to death.  I think as far as law is concerned only the owner of the land can send a notice to quit or enforce a notice to quit.  So ultimately I think your council would have to be the ones who issue it, and I am sure a council wouldn't issue one without substantial evidence against you being presented to them.  The committe are just council agents in effect.