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

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Sue32

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Wish you could join pour site - a bit of get up and go would be welcome.  Our committee hasn't met once since it was formed 10 months ago - although good intentions of new plot holders on  abrand new site. 
It seems that a lot of sites have committee problems of one sort or another - I suppose it just comes down to the random mix of people, sometimes it works and sometimes it doesn't.
Unfortunately the military approach wont work - don't go for a head on fight but chat as already suggested if you can. 
If they haven't adopted   a constitutiuon and agreements etc (or they  deny your chnages are valid) then you may actually be in  a stronger position to just sit on the site and refuse to go - get them to prove that they have the authority.
Good luck
trying to be green except when blue

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Ivor Backache

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If they haven't adopted   a constitutiuon and agreements etc (or they  deny your chnages are valid) then you may actually be in  a stronger position to just sit on the site and refuse to go - get them to prove that they have the authority.
Good luck
When I read through all the messages I was thinking how were they going to get you to go.
What exactly have YOU done wrong. Ok they don't like you but you get that in all walks of life. Whatever you do don't vacate the plot. Leave something on it or go regulary to dig it. By April you should be replanting eg shallots.

Being a military man you will want a plan B: speak to NSALG, Citizens Advice and/or a soliitor who gives free advice. You may have some locally who will listen to a complaint and give an answer. At least you will know whether to die in a ditch over it.

Me? I would carry on as usual, maintaining the site, speak to others and I bet by April nothing more will be said. If they had real intent they would have an extraordinaty meeting of some sort.
Possession is nine tenths of the law. :lol: :lol: :lol:

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NigelB

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Being a military man you will want a plan B: speak to NSALG, Citizens Advice and/or a soliitor who gives free advice. You may have some locally who will listen to a complaint and give an answer. At least you will know whether to die in a ditch over it.

Me? I would carry on as usual, maintaining the site, speak to others and I bet by April nothing more will be said. If they had real intent they would have an extraordinaty meeting of some sort.
Possession is nine tenths of the law. :lol: :lol: :lol:


HaHa!  :lol: :D


I never ceased to love that squaddie-based humour:     :D :D :D


Terrified private: "What's that massive crowd of armed men doing charging at us St Major?"

Sgt Major:  "Them's the haters of allotments and your democratic rights, Son."....

....."Poor bu**ers."

"Get plantin' lads, it'll soon be over... "




Good luck mate. ;)

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beansticks

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

Put it this way,a year ago we had a progressive committee who secured lottery funding of nearly 4k for a new meeting hut /trading shed.Within 4 months of it being erected,the members decided we were too progressive and voted us out of office,all because we proposed raising the rent to £5 a year.I kid you not.Now i just do my plot.

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peterjf

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if the committee have a constitution they should allow you to speak at the next meeting , you should receive a letter from the committee asking you to attend the meeting and you should have your own item on the agenda,

you have a right to heared before they ask you to leave , once you leave the meeting you should be recalled back to the meeting and be told by the chair of the committees findings , either in your favour or against you ,

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peterjf

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in hull all the pl,ot sites are owned by the council,

it took 3 + yrs to get the members to accept a constitution

we had treats from the older members that there would be plenty of upsetment about changing the rules lol ,

anyway almost 4 yrs now we have stuck it out, our committee are doing good things together ,

and not one old codger has left , it takes time but we are now looking forward, still get a few  remarks etc etc , but thats life , narrow minded people who cant see further then their nose ends ,

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compostqueen

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this is all quite typical behaviour. The old guard want someone to organise the ordering of stock and run the books, do all the leg work, get the place maintained etc etc. Mostly they won't lift a finger but will criticise everything you do and criticise your plot while they're at it. My bro is in the exact same position and is now being chased off his plot which they say is not being maintained properly. 

If you are in NSALG you can speak to Bryn Pugh, their legal advisor. Fax him or email him if you prefer.  He will briefly spell out your rights as far as your plot is concerned.

I would not move!


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stompy

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Hi Neil.

Just a few questions.
How many people do you have on the site?
Do you still get on with "any" of them?
Is the site self governing or do you have to get the land owners permission to change things?
And how many voted you off the site?

AS far as i am aware to evict someone from a plot, it must have everyones backing from the site.
If just one person wishes for you to stay on the site then they can't evict you! if they could do this then they could systematicaly remove everyone thats not in their little click.

Aproach a few people and get their thoughts, the friendly ones mind. Lol.

Andy.


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neil49

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Thanks people for all your advice especially the ones who have had first handed treatment like myself - well where do I begin:-

1. The local County Councillor and I will be meeting tomorrow to discuss the issue after a brief telephone call --- he also is part of the Valley's Regeneration Program with the remit to look at council allotments.
2. The landowner was appalled that his land was being us for the Secretray to have a plot so as he can park his camper van on but to mention a one of many points I put his way.
3. N.S.A.L.G have advised that without doing anything wrong the minimum notice is 12 months under Statute Law dating back to some Allotment Act 1926.
4, Citzens Advice have given me very good information to write to this "mob law" commitee and ask for notice in writing and which law are they referring to by giving me 3 months notice.
4. A number of outside agencies i.e. Probation Sevice Community Payback to name but one are sending me letters of praise for the work I did with them as Chairman to try to develop the site into a properly well manged allotment --- these letter will be going to the land owner so as the "AULD CROWD" cannot claim they did all the improvemnets since he last visited the site.

So there is a Santa after all. There is one other present that at this I am unable to publish --- but you will hear in due course
Regards to everyone
« Last Edit: December 16, 2009, 22:10 by neil49 »
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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jimthejimjim

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Sounds like positive steps are being made.

Good luck. Keep us posted!
Please be patient! Learner gardener - allow plenty of room when passing!

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Yorkie

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Thanks people for all your advice especially the ones who have had first handed treatment like myself - well where do I begin:-

3. N.S.A.L.G have advised that without doing anything wrong the minimum notice is 12 months under Statute Law dating back to some Allotment Act 1926.

I am somewhat perplexed by the reference to the 1926 Act.  Although entitled the Small Holdings and Allotments Act 1926, the Act in fact only relates to Small Holdings - which an allotment is not.

I think they may be referring to the 1922 Act, as amended by the 1950 Act which states [relevant parts only extracted]:

s.1 Determination of tenancies of allotment gardens

(1)Where land is let on a tenancy for use by the tenant as an allotment garden ... the tenancy of the land or any part shall not (except as hereinafter provided) be terminable by the landlord by notice to quit or re-entry, notwithstanding any agreement to the contrary, except by—

(a) twelve 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; or ...

(e)re-entry for non-payment of rent or breach of any term or condition of the tenancy.

Must confess I hadn't looked at these provisions recently hence my initial response to your post.

Firstly you will need to establish who the landlord is - nobody else can give you notice to determine (i.e. end) your tenancy, although beware of the landlord having given authority for others to act in his behalf.  

Assuming the landlord wants you off quickly, he will need to establish that you have breached a term of the tenancy - difficult to do as the tenancy is not written ...

Or he is bound by 12 months notice as the NSALG states.

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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Sorry yes it was my typing error it was the 1922 Act.

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harry

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I'm glad i seem to have joined a reasonable allotment society, at our AGM the treasurer asked for an increase of £3.00 to £19.00 per half plot setting out the reasons , this was passed without an argument. :) ;) :happy: :ohmy:
Hurray finally retired
two plots now 31A and 35A

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Leedsniner

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I feel lucky to have a plot on a small, well run, friendly site.

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peterjf

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in hull the cost of a 250sq yd plot is £25-00 a year,

with a discount for people over 65 or disabilities,

hull city council provide a great service (sometimes lol )


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