law

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jenricks

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law
« on: July 26, 2020, 10:40 »
is there a law to say you can keep hens in your back garden please if so when was it past

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Yorkie

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Re: law
« Reply #1 on: July 26, 2020, 12:31 »
Yes, it's section 12 of the Allotments Act 1950.

It says that, irrespective of anything in a contract, tenancy, planning etc., you can keep chickens on land.

However, this is subject to the usual rules on not causing a nuisance e.g. noise, vermin.

Also note that this does not include keeping cockerels.  It's (female) hens only.

https://www.legislation.gov.uk/ukpga/Geo6/14/31/crossheading/abolition-of-contractual-restrictions-on-keeping-hens-and-rabbits
« Last Edit: July 26, 2020, 12:32 by Yorkie »
I try to take one day at a time, but sometimes several days all attack me at once...

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Aunt Sally

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Re: law
« Reply #2 on: July 26, 2020, 13:42 »
Get those chooks, Jenrick  :D
Important Advice from the NSALG - frequently updated 
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mumofstig

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Re: law
« Reply #3 on: July 26, 2020, 16:26 »
Does that alteration to the Allotments act apply to home gardens as well?
Lesley x
I'm not good, I'm not bad - I'm just me, and sometimes I have to apologise for that ;)

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Yorkie

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Re: law
« Reply #4 on: July 27, 2020, 08:31 »
Does that alteration to the Allotments act apply to home gardens as well?

Yes.  The Act doesn't place any restrictions; it says (my emphasis):

Quote
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, ...

That being said, many people who are in a position to enforce rules relating to use of land (e.g. landlords) are not aware of this provision in the Act and may make life difficult for the chicken keeper or take indirect enforcement action through other routes. 

So if, for example, I was renting a house to live in, I wouldn't get any chickens in the garden unless I had the permission of the landlord, because whilst this Act allows you to have them, the landlord can always give you notice to leave on a no-fault basis - i.e. for any reason - once the Covid19 restrictions on doing so have been removed / relaxed.

On the other hand, if I'd bought a house and there was something in the deeds which said no chickens, in law that clause is trumped by this Act because you can't sign away your statutory rights.

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mumofstig

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Re: law
« Reply #5 on: July 27, 2020, 08:49 »
Thanks for the clarification, Yorkie.
Ashford BC Allotment tenancy agreement says no chickens allowed on allotments, Council house tenancy agreements say the same - so wonder how they get away with It  ::)

I suppose someone would have to argue the case in court if they really wanted them..

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Aunt Sally

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Re: law
« Reply #6 on: July 27, 2020, 14:44 »
They get away with it because they, donít even know they are in the wrong. 

Local councils donít realise that even if the pass a bye law, they cannot trump an Act of Parliament.


 

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