Hoping this is the right place to post -- are there any legal people online

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neil49

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Need advice on what I should do????
People with great minds think of ideas.
People with average minds think of events
People with small minds talk about other people

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Ice

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About what?
Cheese makes everything better.

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DavidT

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I`m legal, it says so on my birth certificate. Welcome to the site by the way.
 :lol:

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sunshineband

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I`m legal, it says so on my birth certificate. Welcome to the site by the way.
 :lol:
Good  :)
Wisdom is knowing what to ignore - be comfortable in your own skin.
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neil49

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Thank you for your reply's its a bit of a long story

I took over a plot on a privately owned site Nov 2007 worked hard to clear it and bring it to its present day good quality soil - bought a new greenhouse and shed -- life was looking rosey.

The then Chairman resigned Oct 2008 and at the subsequent meeting I was asked to take over the position (which I sadly regret). Being from a military background I thought if I'm gonna do a job do it well. No tenant had an form of written agreement, no constitiuion, no public liability insurance the site was only half let due to poor access and the rent a mere £3 for a full plot.

To bring the site into the 21st century I begun with lease agreements + consitution, aquired Insurance and joined NSALG, cleared debris from walkways and suggested that the rent should be raised to £10 per full plot.

The world war 3 started so many changes so quickly the elderly memeber ( I am 56 ) really fought and began spreading false rumours etc.. I then had a number of members for me but the majoriity against. I was eventually voted off the committee peace I thinks --- but the grudges were so deep by some that they haven't spoke to me since I finished as Chairman nearly 6 months ago.

The Secretary who was against me failed to notify the Insurance company NSALG that I was no longer chairman and change the address consequently I had mail that I shouldn't have only (3 letters) so I took the over the site today to hand over to a member of the committee the new chairman was there so I gave them to him and mention that since leaving office as chairman a numbers of damge incidents relating to my greenhouse and shed had taken place and that it had to be one of the plot holders as it was too far from the main road and burglars dont smash windows in an empty, well except for pots, greenhouse.

He then said why am I stirring things up again and and informed verbally that I must leave the site by April on the grounds that all the other tenants do not like the bad atmsophere when I am on my plot -- despite there being no communication to or from me to any other plot holder.

So basically I am being evicted for grudges set into a small minority of people. Mind you after leaving as chairman I was told that this group of people have run off a number of people in the past

 
« Last Edit: December 13, 2009, 09:23 by Yorkie »

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neil49

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Anyone got any sound advice then !!!!!

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Yorkie

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Hi Neil,

Now we know what your query is about I've moved it to the right forum.  I've also taken the liberty of breaking the text up into manageable chunks as I found it very difficult to read in one large block - and didn't want others to skip over your post for that reason.

Being brutally honest, I'm really sorry to say that I don't think there's much you can do to change their minds.  From what you've said, it's a privately run site and therefore not likely to be statutory or to have council involvement.

It also sounds as though there's been a complete breakdown of relationships between you and others on the site - whether justifiably so or otherwise.  Reading between the lines, you set out with the best of intentions to regularise the position but in the 8-9 months during which you were chairman things moved too fast for, and without the agreement of, the majority of the other plotholders.

In the absence of long-standing arrangements / agreements which state formal procedures for terminating tenancies, the power to make such decisions will in practice usually rest with either the landowner or the committee. 

I note you say that you introduced lease agreements and constitution but, even if they did set out procedures, I think you'd struggle to get them to agree that they'd accepted them - or they may argue that they haven't taken effect yet.  For example, when our council tenancies were altered a few years ago we had a very long consultation period and then 15 months' notice before they came into effect.

I think it would be entirely in order for you to write formally to the committee chairman, asking for them to set out in writing the termination of your tenancy, the grounds and a copy of the minutes of the meeting at which the committee decision was taken (this isn't a legal thing but it might make them think a bit). 

The only other thing which springs to mind is whether you have approached the NSALG for assistance?

As regards the Insurance, that's in reality a red herring - it's taken us several years to get addresses changed in my committee! - and from an independent standpoint, 3 letters in 6 months is not significant in the great scheme of things. 

Likewise, you can't prove who committed the damage so, other than report the incidents to the police and asking whether a community bobby could speak to the committee to ascertain whether they know anything about it, I would suggest there is no point in keeping that particular issue at the forefront.  It must have been awful to see the damage but you asked for sound advice.
I try to take one day at a time, but sometimes several days all attack me at once...

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neil49

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Thanks for your reply and assistance Yorkie - I will be contacting NSALG tomorrow as I was only told of this eviction on Saturday morning.

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JuneFR

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It sounds to me as though you are in the 21st century, unfortunatly the other plot holders are not.  If rent is increasing from £3 to £10 the justification of the increase needs to be spelt out quite clearly with a time table of the events.  Getting individuals to change their ways is no easy task, trust me I am not legal but in Change Management.   It does annoy me when some people are so small minded and take a grudge, instead of looking toward the benefits that in the long term that they would have benefited.  The part of being asked to leave the site I find very distasteful as in the past I have found myself in the same position because I was pregnant!!!  The chairmans attitude was that he did not want children on the site and how would I cope - well at least it gave me the detirmination of purchasing my own plot of land to grow veggies and have birds to my hearts content.  There loss someone else's gain.  Put this behind you, take another look and gain from the experience.  If the plots are owned by the council I would also be making an official complaint setting clearly out the points that you have mentioned.  You need young blood in any environment; to stop things going stale - obviously your allotment site is stale and they can't handle the challenge.  Hope all goes well for you in the future. 

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neil49

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Thank you for such a sweet and caring reply juneFR .

I don't want to leave the site despite the bad feeling - I can live with being a "billy no friends" but sadly the waiting lists are so long on other sites that I don't stand a chance to get one in years.

So I will explore every avenue open to me to stay where am I am.

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Goosegirl

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Any chance of you all getting round a table and thrashing it out? Just to say that you were only trying to do the right thing and make things better for everyone and then they could have their say etc, etc, apologies all round, where's the nearest pub? Having said that, damage to your property sounds like you have some renegades there who should be named (if you can), shamed, then ousted as they could fall out with someone else there in the future and do the same thing to them. Failing that, I don't think I would like to garden alongside people of that ilk and in a bad atmosphere as it is supposed to be a healthy and relaxing pastime and it's not worth it if you don't get that. Go for another option and to hell with them!!! :tongue2:
I work very hard so don't expect me to think as well.

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jimthejimjim

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Sounds like you tried to make some positive steps to improve the site.
Unfortunately people don't take to change well for some strange reason!

I cant offer any advice sorry. But just wanted to let you know it sounds like you were making good steps and really it's their loss.
Please be patient! Learner gardener - allow plenty of room when passing!

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neil49

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I would dearly love to say goodbye to the site if I had one to go to -- I have already started to put feelers out for that but thanks for the replies. Funny you should mention go down the pub I am not a drinking man but the small minority also drink in the same watering hole.

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beansticks

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Good grief,if i did not know better i would think you were on our site.

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neil49

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 :lol: lol beansticks are you also on an unfriendly site then -- how do you cope


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