[mammahen]

I received a letter yesterday from my local council saying that I have to get rid of my 5 little chickens.  I have had them for 3 months now and they have not been a problem at all. I keep them clean and well fed and watered, I even talk to them like they are my babies.  My neighbours dog got in and killed 1 of them about 2 weeks ago and she reported the incident herself to the council and stated that they are not a nuisance she was just concerned about her dogs killing anymore, that problem has been rectified now and we have all security  measures sorted. what can I do to keep my girls as they are family pets they are rescued ex- battery and do not lay eggs, my children and nephews love feeding and playing with them as they are very tame now. Please help xxxxx 

[Anndee]

Oh dear. I can't help you I'm afraid but I do feel for you. Hope someone comes on to give you advice and you can find some way to keep them

[shetan]

i don't really know how to help you but just wanted to say that i'll be thinking of you and wishing you the best.

maybe you could talk to your neighbour and ask her to withdraw her complaint after explaining you security changes?

[joyfull]

As far as I am aware they cannot force you to get rid of your birds - the allotment act gives you every right to keep chickens (but not cockerels) and so long as they are kept clean and have enough space I would ask them to a) come and look at your set up and b) to read the allotment act.

[hillfooter]

Hi mammahen,

Joy is absolutely correct you have a STATUTARY RIGHT to be allowed to keep chickens which is enshrined within the Allotment Act (1950 I believe).  Even though it is called the Allotment Act it has been established by judgements in prior legal cases that it also applies to backyard keepers and has precidence over any tenancy agreement or deeds.  

There are some posts on here which go into the details of similar cases to yours (actually far more extreme than yours) and the law is on your side.  Unfortunately councils are often ignorant of this but if you find out the details of any of the several similar cases which have been reported in the media and are referenced in these threads you should be able to write to the council and they should retract any threat.  They still could claim that your chx are a public health hazzard or a public nuisance but if what you say is true they shouldn't have any case for such a claim.

All this is IRRESPECTIVE of ANY tenancy agreement you may have signed or any contract of any nature you may have signed.  As this is enacted by parlement it is the law of the land and neither your council nor you can deprive you of your rights and in fact it is an offense to try to do so.   In fact when you write to them you should use the words "that any threat to deprive you of your right to keep chickens is an illegal attempt to deprive you of your statutary rights under the 1950 (?) Allotment Act".   Your council would have to tread very carefully in responding to that as the law is on your side here.

HF

[andreadon]

true, they can't make you get rid of them.

they should be issuing sanctions against your neighbour'sdog though!
 

[kegs]

Ermmm - I don't think Mammahen mentions an allotment does she? 

Mammahen - can you elaborate?  Are these garden hens and you perhaps rent from the council?  In which case I believe that each council will hold different regulations as to whether or not you can keep poultry.

[helens-hens]

Ermmm - I don't think Mammahen mentions an allotment does she? 

Mammahen - can you elaborate?  Are these garden hens and you perhaps rent from the council?  In which case I believe that each council will hold different regulations as to whether or not you can keep poultry.

But Hillfooter mentions in his message that the act has been used in legal cases involving backyard keepers so I don't think this would be aproblem.

One thing I have thought of if is if there is a clause somewhere in the deeds of the property that prevents the keeping of poultry - do you have access to the deeds Mammahen?

[ANHBUC]

Here is an extract from the Allotment Act which Hillfooter talks about.

12   Abolition of contractual restrictions on keeping hens and rabbits.E+W

(1)   Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:
Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

and the link to the website www.legislation.gov.uk/ukpga/Geo6/14/31

Good luck

[kegs]

I hope I'm wrong - but Council's can be a law unto themselves.   The same query came up on this web site: http://www.thepoultrygarden.com/phpbb/viewtopic.php?f=26&t=3412&start=0

and someone answered:

"As you are the tenant, then the rules would be clearly set out in the tenancy agreement. But, often, the first way to find out if there is a problem, is a knock on the door, from an Environmental Health Officer from the local council, following a complaint.

As it is a council property, then the council can advise directly on its policy. If you are in breach of the agreement, then the council is perfectly within its rights to serve notice, if you breach the agreement. I work as a Housing Law Caseworker and have seen cases like this go to court, without people having any idea of their tenancy agreement. If you are in any doubt, contact the housing officer at your council and find out. Don't wait to be served notice, if you aren't allowed to keep them."

[hillfooter]

I hope I'm wrong - but Council's can be a law unto themselves.   The same query came up on this web site: http://www.thepoultrygarden.com/phpbb/viewtopic.php?f=26&t=3412&start=0

and someone answered:

"As you are the tenant, then the rules would be clearly set out in the tenancy agreement. But, often, the first way to find out if there is a problem, is a knock on the door, from an Environmental Health Officer from the local council, following a complaint.

As it is a council property, then the council can advise directly on its policy. If you are in breach of the agreement, then the council is perfectly within its rights to serve notice, if you breach the agreement. I work as a Housing Law Caseworker and have seen cases like this go to court, without people having any idea of their tenancy agreement. If you are in any doubt, contact the housing officer at your council and find out. Don't wait to be served notice, if you aren't allowed to keep them."

I'd certainly agree that you shouldn't wait to be served notice or you would be breaking the criminal law if you ignored it whereas at present you are not breaking any law so just write as I said and let the council worry about the law.  They have legal council and solicitors to inform them and they can't afford to misrepresent the law or they will be commiting a serious offense. It's not up to you to understand the complexities of the law as is suggested here.

All those who are going on about tenancy agreements and deeds are in fact irrelevant that is all contract law and Statute takes precedent.  To take a modern topical example , someone who wishes to end their life cannot enter into a contract with another person allowing them to kill them.  That would still be a criminal murder irrespective of a signed contract.  In the same way you cannot waive your rights to consummer protection law by accepting a limited warranty.  Such rights are given by the law of the land statute and you can sign as many deeds, contracts of tenancy, or agreements as you like they are not legally binding if they contravene your statutary rights.  

A council cannot be seen to be denying you your statuary rights as they will themselves be committing a serious offense.  That's not to say they couldn't make life difficult for example refusing to give you a tenancy agreement but they would have to be very careful how they did this and in practise I doubt they'd get away with it in a high court.  They'd need to show nuisance or health reasons which were valid and not just trumped up.

I don't know who said this but I certainly wouldn't trust someone who thinks councils are "laws unto themselves" they certain are not they have to act within the law like anyone else and have less excuse for acting illegally as they have recourse to legal council so they must be squeeky clean.

HF

[operabunny]

It would be helpful to know what the letter said, especially what grounds they give for telling you to get rid of the chickens.

[storme37]

if orionsquare comments on this treat it as fact and how it is as she will know, she is more qualified than anyone else to tell you the score. and as there is hens at risk she may feel the need to give you some advice

[joyfull]

if you do a search in the search box for allotment act you will find loads of advice including some from some of our members who are well versed in the law.

[joyfull]

here you go:-

http://chat.allotment-garden.org/index.php?topic=71731.0