[JaK]

Sorry to bring this up again but I am about to sign an agreement to rent an allotment. The allotment is owned by a charity and NOT the council. I have been told that I will not be allowed to keep chickens (they know I want to). Anyway the allotmnet act says-

12 Abolition of contractual restrictions on keeping hens and rabbits.E+W

(1)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, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:

Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.


And my agreement that I must sign says-

3.15   No animals may be kept on the site other than as allowed for in Section 12 (1) of the Allotments Act 1950.


So what do you make of this? does it mean that I could keep chickens on the allotment? If so I wouldn't approach this straight subject away but get growing instead, for now.

[mumofstig]

I take that as meaning that no animals other than chickens and hens can be kept 

[Yorkie]

Section 12(1) permits the keeping of hens and rabbits, subject to the over-riding rule that they can't cause a statutory nuisance (generally noise or smell) and can't be a business / trade (i.e. for personal use only).

No other animals may be kept.

If they have said you can't keep chickens, I'd point out that they are specifically allowed for in the lease (as well as in statute in any event).  I suspect that they simply haven't read s.12(1) recently.

[JaK]

  Brilliant, thought they were trying to pull the wool over my eye's. Lucky read section 12 long before owning chickens and any wool pulling was tried. 

[Lewjam]

I would also check your tenancy agreement though...

If they don’t want hens, if your contract says anything like "We reserve the right to take back your plot at the end of the season" - or words to that effect then you might find your self evicted if you wind them up too much.

Even though you are legally ok to keep them, its still best to proceed with diplomacy.

Sheffield city council are considering raising the price of allotments considerably for those keeping hens.  As far as i can see, as long as they change the local tenancy rules/laws there is nothing wrong with it as from there perspective they have to pay vets and welfare officers to inspect the site.

Im not sure how that works with private plots (charity or otherwise) but if its law that they have to pay for welfare officers to check on animals on their land, then you might end up effectively rolling over a charity.  Some one might be able to comment on if its law to do this, or just the council being busy bodies on there own grounds.

[reidi]

I would say hens and rabbits allowed.

[Yorkie]

I would also check your tenancy agreement though...

If they don’t want hens, if your contract says anything like "We reserve the right to take back your plot at the end of the season" - or words to that effect then you might find your self evicted if you wind them up too much.

And my agreement that I must sign says-

3.15   No animals may be kept on the site other than as allowed for in Section 12 (1) of the Allotments Act 1950.

The tenancy appears to be OK in this case, but it's a point worth mentioning in general though.