my own Countdown

[Aberdeenplotter]

You know guys, although I don't want to be chicken counting just quite yet because this could well be a bit of shifting sand, The new Council Leader and the new Finance convenor were so positive yesterday that they will put things right that I think that this thing is on the cusp of being won. Just needs rubber stamping.

Putting things right to me means applying the principles enshrined in the Harwood case, i.e. that the increases applied to allotment holders should not unless there are very special circumstances exceed the level of increases applied to the users of the Council's other recreational services and facilities.

I'm not too bothered about pursuing the matter of Regulations in so far as that affects the past. It's the future that will be the worry but if the new Council follows through on it's commitment to make Regulations then that worry will be removed. Having Regulations in place means there can be no silly shenanigins in future and will help prevent us being used as political footballs. We will know where we stand as will the Council.

Stupid thing is that even with part of the worry removed, I still woke up in the middle of the night with this chuntering through my head.

Anways, Committee meeting of the Scottish Branch of the National Vegetable Society in Auchterarder this afternoon so weekly shop getting done ultra early otherwise part of our our Sunday will be spent doing that. Typical though, stopped raining and would have been a great day for the plot.

[veggiechicken]

I wish I had a couple of trees I could sling my hammock between.

AP, take your pick of my trees - you deserve them after all you're going through

[Aberdeenplotter]

Yups. My objectives in this were to get an affordable rent, have future increases tied to a suitable index preferably the CPI because that excludes interest, for the Council to adhere strictly to the law in all respects with regard to allotments, and for the Council to make regulations and have them confirmed. That gives us the protection from a change in the political persuasion of the Council in future. It was a change of political persuasion of the Council in 2007 that led to 80% increases in 2008.

I had another meeting with the new leader of the Council this aft with the Finance Convenor present. They both assure me that they will sort it for me well before the next scheduled Court Hearing.

At the Court hearing yesterday, the City Solicitor propounded the view that there were special circumstances in Aberdeen as there had been no increases for several years(this is to try to get round the Harwood case . It was confirmed to me today that allotment rents in Aberdeen were reviewed annually as part of the Council budget. I'm getting a letter to that effect which I can lodge in Court. Things are looking up. I wish I had a couple of trees I could sling my hammock between.

[donnakebab]

So in the mean time AP will the council be doing this?

Up here Local Authorities have to have their regulations for rent confirmed at Government level to give them legal force. Our Council hasn't done so and our Government in response to a parliamentary question has confirmed that local authorities are not entitled to collect rent using regulations that have nor been confirmed as above.

[lottie dolly]

well done thus far,just goes to prove what idots are in charge,lets hope for common sence to come forth,and do the right thing,

[Aberdeenplotter]

So basically the judge adjourned because they felt that the county solicitor was unprepared because she didn't know you hadn't been served with a notice of intention to terminate. Have I got that right?

They can hardly serve you with that notice now can they. Would it make any difference if they did?

Yups you got it right. I think the option is to start again from scratch. i.e. give me notice of intention to terminate, and an opportunity to remedy and then terminate if I do not remedy. Will be talking to Council leader later today. Poor soul emailed me at 4 minutes past midnight last. That is what I call applying himself.

[donnakebab]

So basically the judge adjourned because they felt that the county solicitor was unprepared because she didn't know you hadn't been served with a notice of intention to terminate. Have I got that right?

That implies that the county solicitor is not aware of proper legal procedure. And if I'd have been the judge I'd have thrown the case out and awarded you costs and then told the council they need to carry out their legal obligations towards allotment tenants as set out in the relevant acts.

Sounds to me like the judge's sympathies are not impartial.

They can hardly serve you with that notice now can they. Would it make any difference if they did?

[Headfry]

crumbs.........

Well done AP but my fingers will stay crossed until you get the good result you hope for! Come on 'new' council support your allotments please

[CaroltheCarrot]

I am in awe AP ( I would have rolled over long ago!)

[chris]

*rubs eyes and re-reads*

Nope, still don't get it. No wonder I didn't get into law! I hope it swings in your favour anyway.

[taff]

co9ngratulations then!! I had to read it twice

[veggiechicken]

Wow, AP, that's complex! Looks like the County Solicitor had not done her homework properly - dare I say again? I do hope this is resolved to your satisfaction without you having to go through the number of sleeps countdown again.

[Aberdeenplotter]

right guys, here is what happened.

When I turned up at court yesterday, I had an informal social type chat with the In Court Advisor. Very nice lady. I mentioned the local elections had come about too late and explained the terms of my discussions with the new Council Leader. She then advised me to bring this to the attention of the Sheriff and to ask for an adjournment as there was a very real prospect of the matter being settled outwith the Court Action which would save Court time and resources. This was put to the solicitor for the Council when she arrived and the start of the hearing was delayed so that she could get instructions from the Council Head of Service In the event, the Council did not agree to an adjournment.

My understanding was that the hearing was intended to be a debate as to the interpretation of section 6(1) Allotments(Scotland)Act 1892. However, it developed thus. The Solicitor for the Council made the case for the Council, took over an hour and I was not allowed any opportunity to object or interrupt. I would get my say after the City Solicitor. The comments coming from the Sheriff during the City Solicitors presentation were not friendly. e.g.In these austere times, Allotment holders should be expected to meet the whole cost. There is no provision in the allotments acts for subsidies. It was starting to look bad. City Solicitor also referred to the Harwood case and suggested that there were special circumstances in this case because rents had not previously been increased for a number of years. (That's not special circumstances. Either decisions were made not to increase or there was neglect and allotment holders shouldn't beheld responsible for that)

When my turn to speak came, I duly applied for an adjournment. Application refused.
I had decided before going in if that was refused I would play my get out of jail free card which would delay things by a year as the Council would have to start the proceedings again from scratch. Effectively, I would get my adjournment in fact a much longer one which would allow the new council to 'put things right'.

So what was the get out of jail free card?

In terms of Section 4(1) Law Reform Miscellaneous Provisions(Scotland) Act 1985, if a landlord wishes to terminate a lease for a breach of a monetory item such as rent, insurance premiums or the like, before doing so he must formally serve notice of his intention to terminate and give the tenant a minimum of 14 days in which to remedy the alleged breach(es). I was given no such notice served on me, nor was I given any such opportunity to remedy.


Sheriff adjourned to allow Solicitor for the Council an opportunity to consider the development as it was unfair to just drop this on her without warning. (I actually provided the Solicitor with a list of the Authorities on which I would be relying including Law Reform Miscellaneous Provisions(Scotland) Act 1985 on Sunday 13th May. On Tuesday 15th May, I had a telephone conversation with her about some of my productions of which she required copies during the course of which she asked if I would be relying on section 4 or section 5. I wasn't quick enough on the draw and could have told the Sheriff that). Anyway, bottom line is that I got the adjournment I wanted to allow progress with the Council.


If the Council does not pack in its hand before the next hearing, I will tell the Court that the Council Solicitor was aware because that will have a bearing on expenses. The costs of an additional Court Hearing could have been avoided.

[Currysniffa]

" Putting things right" That sounds like it could go your way mate. Hope so!

[ladylottie]

O the suspense! More waiting - we are all biting our nails
Good for you dropping the bombshell - that should get them out of their comfort zones!