[Pimento]

I was told several weeks ago by a committee member at out allotments that a plan had been hatched to evict me. I’d questioned some bad practices and bullying.

Sure enough, the harassment began with me receiving a final warning for a completely bogus matter, closely followed by a notice to quit.

Perhaps someone can confirm this, but I believe the notice to quit is illegal as it makes no reference to offering a remedy for the supposed breach of contract. Also,  although the notice period is 14 days, I have been denied entrance to my plot. I have many belongings there - surely this is illegal? As you’ll have guessed, they’re not the kind of people who care about fairness or proper procedure. I’ve spoken to the local council who’ve advised me to sit tight and refuse to quit.  What should I do next - any thoughts, please?

[mumofstig]

You should have written terms and conditions, what do they say about it?

[Pimento]

Nothing, specifically - but my understanding is in law you can’t just turf someone off with immediate effect, or obstruct them from accessing their plot. If they’d committed a crime, perhaps - but not for raising their head above the parapet to question bullying.

[Yorkie]

Are they private allotments or council?

[Pimento]

Hi Yorkie, they are council-owned but self-managed.

[Yorkie]

You asked what the law is.  If they are council owned allotments, then there is a good argument that the Allotments Acts apply.

Section 1 of the 1922 Act lists the grounds on which a (council) allotment tenancy may be ended ('determined'):
(a) a six months’ or longer notice to quit expiring on or before the sixth day of April or on or after the twenty-ninth day of September in any year; (i.e. no-fault ending of the tenancy)
(b) [really can't see this applying]; or
(c) [really can't see this applying]; or
(d) [really can't see this applying]; or
(e) re-entry for non-payment of rent or breach of any term or condition of the tenancy.

However, section 1 of the 1950 Act extends the period in (a) to 12 months from 6 months.

Section 2 of the 1922 Act sets out compensation that a tenant is entitled to, but it only applies to (b) - (d) above.  So if they are giving you notice to quit on (a) or (e), you're not entitled to compensation unless the tenancy contract provides for it.

The only other part of section 2 is that If the tenancy is terminated on the on the 29th September or the 11th October, or at any date between those days, then the tenant shall be entitled at any time within twenty-one days after the termination of the tenancy to remove any crops growing on the land.

Contracts are not my thing, but given the existence of the Allotments Acts, I think your reference to offering a remedy for breach of contract is a non-starter.  They have to comply with the Acts but should at the very least offer you the chance to remove personal items.

I would complain to your local councillor rather than just go along with the council's advice to sit tight and do nothing.  And get in touch with the national association of allotment gardeners, who are experienced in such matters.

[Pimento]

Thanks for that, Yorkie, that’s very helpful. i’m already consulting some allotment sources, but will try my councillor too. It all feels incredibly unjust - it’s pure victimisation.

[Hampshire Hog]

I feel for you pimento. I recently received a note from our parish clerk telling me my plot was not being cultivated or was messy!! Not impressed as I had asked about inspections during Covid and had been advised they weren’t happening!! In my response I sent her a long list of what I was growing and asked for specifics on what I needed to do to comply with council standard. Nothing advised yet so I am waiting to see what emerges. Advice from Yorkie looks good. For my penny worth if you are stopped from getting your personal items that sounds close to theft I would argue.
Good luck HH

[Aunt Sally]

John has some easy reference information:

https://www.allotment-garden.org/allotment-information/allotments-the-law/

[Pimento]

Thanks so much, Aunty, and really sorry to hear what you’re going through. As far as I’m concerned, the actions of my committee very much constitute harassment and potential theft, given the alleged breach of tenancy is entirely trumped up. It seems to me that once vindictive people target you, the reality of the facts is suddenly swept aside to support their skewed version of events. Good luck. I hadn’t seen John’s tips so will take a look at those, thank you.

[Goosegirl]

You stick in there Pimento. 

[Pimento]

Thank you, Goosegirl, I will. Learning by the minute - the bullies won’t win!

[Goosegirl]

Bullies never win if you stand up to them because they are basically inadequate people.

[Pimento]

Inadequate they certainly are, with their power-hungry pettiness. But misled, no doubt, by my normally quiet demeanour, they’ve picked the wrong target this time.

[grinling]

Hampshire hog have you thought of contacting Parish chairman as the clerk is there for legal reasons and is not a member of the council.