[carol2711]

Hi. I'm new to this site. I was offered an allotment back in Oct 2010, When I was shown it the man told me it came with a shed, a bench and the raised beds.
I have been clearing the allotment, within the raised beds. And today I saw a note on my shed saying...For Sale. And a note on the bench saying 'given to Paula'. Is that legal? Surely I took the allotment on with those facilities so are they not mine now? Advice please?

[arugula]

Hi Carol,

Welcome! I've moved this question to GYO where those who will know the answer are likely to see it. Please feel free to pop back into welcome to introduce yourself.

[lucywil]

the first thing i would do is get in touch with who ever owns the allotments, are they council? if the previous tenant wanted to remove the items the rep should of told you that when he rented it out to you.

I rented a plot out recently and the previous tenant had a load of scaffolding boards that he wanted money for so i offered them to the new tenant who bought them but if they hadn't wanted them i would of had them moved before they started work.

it seems odd that they have left it since october, this could be a tricky one to sort out but good luck

[chili]

on our site the previous owner has to take/move all there stuff prior to the new tenant taking over, whatever they leave then becomes their loss.
if you wann be funny find out who owns the shed and as them to move it

[Ma and Pa Snip]

I'm no legal beagle but as Chili has said I would have thought that a previous tenant would have relinquished the right to anything they hadn't removed at the end of their tenancy.

Who was 'the man' who said it came with the shed etc ? Previous tenant or some form of official representative for the allotments.

[TerryB]

You should have got a copy of the agreement when you signed for the plot, so first check this. In our's the previus owner gives up allrights if items are not removed from site within 4 weeks of the notice to quit.

[flitwickone]

someone is playing mind games change the shed lock if you have one
its a bit difficult to dismantle a locked shed

[JohnB47]

I asked if I could have a shed on an adjacent plot when it was given up. I was told, what's put on the plot belongs to the plot and all future renters of that plot. Fair enough, although I'm not sure if I would agree if I was to put a brand new shed on my plot and then had to give it up due to ill health - I would feel it was mine to take away or sell.

Anyway, from what you say, I would be well miffed if that happened to me. It's your plots shed, that's all there is to it. I would write to all and sundry - committee, council etc and make that plain. Then you can't be accused of having 'given the shed away'. Oh, and put a padlock on the shed and a big sign on it stating that it stays on your plot.

[nipper31]

You should have been given a copy of the Tenancy Agreement when you agreed to take on the plot, signed for it and got the key.

IMHO, more than a reasonable amount of time has elapsed since October 2010 and by now, the previous tenant should have shifted anything he/she wanted to keep or had gifted to any other plot holder.

You should be quite within your rights to keep the shed...

[TheSpartacat]

Did you take up and sign lease for the plot last October? And are these notes something that just appeared or have you not been down there until recently to notice them?

If you've not been down there until now, there's a chance that the previous owner had stated his intentions to sell the shed in Oct (which he has a right to do), but, you really should have been informed of that at the time so you could have made other plans (ie. avail of any Jan sales to get your own shed) so they've put you at a disadvantage in that regard.
If those notes have been there 4 months- there is no buyer- the last tenant should remove it sharpish or it should be regarded as abandoned by the previous owner and now your shed.

If the notes have just appeared.... then the prev tenant is being ridiculous. 4 months is way too long.
Is there any scope for offering to send him a bill for taking up space on your plot? (to be equally ridiculous and emphasise how unfair he's being) or suggest that he's liable for the rent between Oct and when the shed is removed, as he hasn't 'vacated' the plot yet and his shed is hindering your ability to get on with it.

[cooperman]

Firstoff get in touch with the site agent, thats the simple starting point....

[Aunt Sally]

I'm no legal beagle but as Chili has said I would have thought that a previous tenant would have relinquished the right to anything they hadn't removed at the end of their tenancy.

Who was 'the man' who said it came with the shed etc ? Previous tenant or some form of official representative for the allotments.

That's correct.  When a tenancy ends the outgoing tenent has 28 days notice and they have to remove any personal property they wish to keep withing that period.

[rusty100]

I wonder if the Allotment Act and Landlord and Tennant Act might have some answers?

[loopylottie]

I agree with aunt sally. they should have removed everything they wanted before the 28 days after they gave up the tenancy deadline.

thats what our site manager said when the old tennant of my plot came over the other day and 'recaimed' some bulbs. the cheek of it. just came one morrning and there was three gapping holes in my plot. gggrrrrrr. 

if theres space slip another padlock on the shed and claim it back. technically it's yours now.  or put another note next to the first one that says . nope this shed isnt for sale so  and see how they like it.

I'd also see the site manager to get their take on the whole shed stance.


LottieX

[billathome65]

As far as I can see and I don't have an allotment what these guys say seems to hit the nail on the head. It's been there for months when it should have been moved. Check your agreement it will give those details for vacating. I'd padlock the shed and with the bench inside and stick a note up stating as it was not moved within the required time it has now become a sitting tenant and if they want the shed you want the cash for it's up keep and compensation as you have lost out on sales as it was in the way.

Edited by Aunty