what would you do?

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jimmytheshed

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what would you do?
« on: April 28, 2011, 20:48 »
for the last 3.5 years ive shared a plot with someone, in fact 2 plots side by side, and we built it as one, 1 plot in my name 1 in his. for the last 1.5 years ive looked after it all as he was busy. he has now told the commity he wants to give up. they are thinking of offering it to the next on the list. we signed an agreement to say if one gives up it would go to the other. now the commity say the agreement need to be signed every year, which i wasnt aware of. if this happens i will lose half of my space, and have to find homes for my plants already in there.

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Ice

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Re: what would you do?
« Reply #1 on: April 28, 2011, 21:07 »
I would ask to see a copy of the rule first to see if it actually exists.
Cheese makes everything better.

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Lardman

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Re: what would you do?
« Reply #2 on: April 28, 2011, 21:11 »
There are a number of posts on shared allotment space, I think the general concensus is that is not a good idea.

If he's not worked his plot for 1.5 years why is he picking now to tell the committee he's giving up?  Legally I don't see how an agreement between two tenants can have any bearing, even if it was annually renewed the land is rented to him not you.

You can try to appeal to the committees better nature but honestly my personal thought is let someone else have it. Waiting lists are long enough and you do have your own plot.

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mumofstig

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Re: what would you do?
« Reply #3 on: April 28, 2011, 21:13 »
I'm afraid that what the committee have said is correct by all the rules.
Just because you've been working it for him, it doesn't give you the right to take it over when he gives up :(
I doubt even a written agreement between you would have been accepted either, it wouldn't be on my site anyway. Even sons can't automatically take over if the father dies.
If a plot holder gives up for whatever reason the plot has to go to the next person on the waiting list...simple as that.

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Ice

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Re: what would you do?
« Reply #4 on: April 28, 2011, 21:23 »
Isn't the signed agreement important?

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Bailz

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Re: what would you do?
« Reply #5 on: April 28, 2011, 21:29 »
I agree with lard i know you mght not like it but the lists are huge and i think it should be one per person i know people wont agree this is only my opinion cheer neil.
Cheers Bailz

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muntjac

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Re: what would you do?
« Reply #6 on: April 28, 2011, 21:37 »
the signed agreement between 2 plot holders is probably worthless.

1 each plot is rented to individuals or man and wife co owners
2 any agreement between 2 plot holders must be ratified by the allotment commitee.
in this case it would seem the committee knew nothing about it.
i would think that the chap packing in his plot has had the fruits of your labour free of charge for the past 1.5 yrs and i think there is a way out of this for you.keeping both plots until your plants etc have been harvested. you should go to the committee and speak to them stating what you have said happened and ask for the decision to pass on the plot be delayed  this year giving you time to get your harvest in .. it would bode well if you payed the rent up to next years rent due date. then say you will surrender the plot for the next person.

can i also point out to all folks who want to rent allotments ,,,,,, read all the small print at least 3 times and ask questions re your plot before you do anything on it and i mean about anything you may want to do or build or even plant in some cases.

 allotment commitees are only as powerful as the site owners let them be ... some commitees have allowed things then owners( councils) have come along and charged plot holders hundreds of pounds to put right things that they do not allow... even if they didnt tell you in the rental agreement
« Last Edit: April 28, 2011, 21:40 by muntjac »
still alive /............

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jimmytheshed

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Re: what would you do?
« Reply #7 on: April 28, 2011, 21:38 »
the signed argeement was drawn up by the commity for shared plots. i wasnt aware that it needed to be signed yearly, and i wasnt able to go to the agm (where we pay the rents and sign) as i was 300 miles away see my sick mother in hospital.                                                    
the two plots put together would make a traditional full plot anyway

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Ice

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Re: what would you do?
« Reply #8 on: April 28, 2011, 21:47 »
The committee were aware of the signed agreement so you need to see sight of the rule that it needs to be signed annually.

 

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