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Tenancy - can Town Council change the terms and force you to agree (notice) *urgent*

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  • Tenancy - can Town Council change the terms and force you to agree (notice) *urgent*

    Hi I have held an allotment tenancy for 5 years with the town council. At renewal this year they have written and asked me to agree to a reduction in notice period from 12 months to 3.

    As far as I am aware the Allotment Act 1950 gives protection for allotment holders by specifiying a legal minimum notice period of 12 months, with the cessation date to fall in the winter months.

    I strongly suspect the Town council has reduced the notice period as they wish to take back the land (given that there is a large development planned close by)

    So, my questions are:

    Can they legally force me to agree to the new terms?

    and secondly

    If they were to offer an alternative location to 'replace' my current plot, can get round the 12 month minimum notice period that way ?

    If any one can get me a speedy answer I;d be really grateful. Apparently the town council are calling an allotment holder's meeting tonight at short notice (never had one before in the 5 years I've been a tenant & I smell a rat!)

    TIA

  • #2
    I'm absolutely no expert, but if your site is categorised as a statutory site, my understanding is that the Allotment Act would hold precedence over Council changes. (However the Farm Terrace experience in Watford shows that statutory sites are also vulnerable)

    I don't know whether they can force you to - perhaps that's a question to ask them - on what basis is this being suggested? Also ask them what consideration they have given to the regulations set out in the Allotment Act - I'd turn it all around on them and ask them to provide written answers before any consideration is given to their requests.

    Have you contacted the National Allotments Society for help? https://www.nsalg.org.uk/
    http://mudandgluts.com - growing fruit and veg in suburbia

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    • #3
      Originally posted by sparrow100 View Post
      I'm absolutely no expert, but if your site is categorised as a statutory site, my understanding is that the Allotment Act would hold precedence over Council changes. (However the Farm Terrace experience in Watford shows that statutory sites are also vulnerable)

      I don't know whether they can force you to - perhaps that's a question to ask them - on what basis is this being suggested? Also ask them what consideration they have given to the regulations set out in the Allotment Act - I'd turn it all around on them and ask them to provide written answers before any consideration is given to their requests.

      Have you contacted the National Allotments Society for help? https://www.nsalg.org.uk/
      Hi Thanks for your swift reply - bascially they sent me the invoice for renewal with a letter attached saying 'we are amending terms 3 & 7 ' (cessation terms) 'and changing this from 12 months to 3 months, please sign and return to acknowledge receipt'

      At the moment I've paid my rent, but have not signed the receipt of the terms, but have emailed querying the terms and asking them to explain the difference in notice to the required standard in the act. I've yet to receive the reply.

      Essential I suspect it's probably all a done deal behind closed doors anyway. Half of me wonders if there's any point in amounting any form of challange, and whether it's better to go with it than fight it out.

      This is the first year that I'm really getting a decent crop back on everything I've planted over the years . We also spent a lot of time repairing and sorting out the greenhouse and shed over the winter. 3 months notice if they serve it today would mean we can't even harvest a lot of the crops (autumn squash, pumpkins, yams, potatoes, brussel sprouts, parsnips) that we put in this year.

      I'm really cheesed off!

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