Battle to keep allotment

[binley100]

Heres to success AP ..........go get 'em tiger

[Aberdeenplotter]

A wee update. Not going to be over confident about this because if it is correct, it will only delay matters but it seems the Council's court action is somewhat flawed. In terms of Scots law, if a breach of a term in a contract is severe enough for a landlord to terminate a lease, he has to formally serve notice on the tenant that the lease will be terminated after a minimum of 14 days and the tenant must be given the opportunity to remedy the breach within that period. Whoops that wasn't done.

Also, the letter containing the notice to removeindicated that the lease of my allotment had been terminated. Note the use of the singular. I have three plots with three separate leases. Whoops again.

As I said though even if that is correct, the Council can start again. Ok, since they have to give a years notice it delays it a year but I want it sorted.

I did find something really useful though after receiving the writ which is founded upon conditions in a conditions of let letter or alleged breaches thereof.

I found,

Wait for it, it is extremely important,

The word condition is a synonym of the word rule. The Council even within one of its conditions uses the words " any infringement of this rule"

Why is this so important?

Remember up here any regulations made by a local authority for the regulation of the let of allotments (excuse that wording but taken from the law) have to be confirmed by the Scottish Ministers otherwise the law says they shall be of no force. Aberdeen City Council maintains it has made no regulations.

I can now demonstrate that they have made a list of rules and that even they treat them as rules.

Why is that so important.


Wait for it again.


The definition of a regulation in the Oxford English Dictionary is a rule or direction made and maintained by an authority.

The Court Action is founded on regulations or alleged breaches of same that have no force.

[Aberdeenplotter]

Just as an aide memoire to myself,




I can demonstrate that the conditions they have founded on have the potential to be unfair. That's all that it takes for them to be considered unfair in terms of the Unfair Consumer Contracts Regulations 1999 and Regulation 8(1) specifies that any such unfair terms are not binding on the consumer.(The guidance notes to the regs confirms that a landlord is considered to be a supplier and a tenant a consumer)

Also, they can't demonstrate that my rent payment is late because they haven't got a regulation for that purpose that has been confirmed that they can found on, the date in the lease is unlawful because it seeks to require payment of the whole rent in advance contrary to section 10(2) of the 1950 Act and there is no other contractual agreement. And of course, they don't have a regulation for rent that has been confirmed so they can't even prove the rent. I think the Council is well screwed simply because they haven't had their regulations confirmed. Edinburgh had their's done in 1913 and Aberdeen has had since 1892 to do their's.

I hope it now concentrates the minds of those who think that £1232 per acre is the fair rent for the use of land let for allotments when in a recent case in the Scottish land court (The Moonzie Case) for a large farm with a 4 bedroom house, a range of farm buildings, a couple of cottages let for profit and the farmer has the single farm payment subsidy which will not be insubstantial, the average rent for the holding was fixed at only £30 per acre . Our allotment site is totally unfenced so can justifiably be compared with a farm as the fences on a farm are a tenants responsibility. I'm on a north facing slope, on ground infested with white onion rot and club root and the area is leprous with rabbits. Without fences very little would survive. What is that worth as a fair rent for land used as allotments. Once that figure is established ,of course the value of services included should be taken into account and added but our Council supplies b@gger all. The Council cannot add anything to cover it's admin costs or the costs of maintaining paths etc. That is totally their problem.

[Currysniffa]

Hope it go's your way AP, all the best!

[donnakebab]

Good luck AP. Strikes me you should be working for the council as they obviously have some incompetent numpty looking after their affairs!

[Aberdeenplotter]

I had another go at the Council today. Was entirely reasonable and suggested they pack in their hand because they are pursuing a hopeless case and wasting valuable Council resources in the process.

have a look see here if interested Fight to keep allotments . Read all about it. Read all about it

[lottie dolly]

I had another go at the Council today. Was entirely reasonable and suggested they pack in their hand because they are pursuing a hopeless case and wasting valuable Council resources in the process.

have a look see here if interested Fight to keep allotments . Read all about it. Read all about it

well writen AB,i bet that will have them spinning round in circles lol,sounds like you know more than them of the laws,they are supposed to be abiding by,WELL DONE INDEED,

[veggiechicken]

That's a very good letter AP. Have you applied for the Council's Legal Officer post - it may become vacant after this!

[Aberdeenplotter]

You will not believe this. When this dispute started, Aberdeen City Solicitor propounded the view that they weren't even obliged to recognise the Allotments legislation. She has said that the Unfair Terms in Consumer Contracts Legislation doesn't apply to allotments, she refuses to accept the judgement in the Harwood case, she says our plot rents are fair and were fairly arrived at. She refuses to accept that the rules they use to manage and administer their allotments are regulations even although it is clear that they are used to
1., Set the rent payable in terms of the contract and the date on which the initial rent is payable,
2. Make a direction as to when the rent shall be reviewed and the dates on which future rents shall be payable,
3. Govern the circumstances under which the landlord is entitled to resume possession,
4. Direct who shall be entitled to assess compensation to a tenant on outgo and restrict the right of any other person to input into that process,
5. Direct how the tenancy may be terminated by a tenant,
6. Restrict the entitlement of a tenant to transfer the tenancy,
7. Limit the use to which a tenant may put an allotment and restrict him/her from keeping livestock.
8. Regulate the dimensions and type of hut that a tenant may seek to erect and controls where it may be situated
9. Direct that a tenant may be removed if he does not achieve the required standard of husbandry

Note all the synonyms of regulate there


Is it any wonder that I gave up and forced the issue by withholding rent.

[taff]

I'm confused, I just understand that you're fighting the good fight...so...GO GO GO AP!!

[Aberdeenplotter]

Taff, It's like the saying,if it looks like a dog,runs like a dog, barks like a dog and smells like a dog, it probably is a dog. I think the message is that if it looks like a regulation and works like a regulation then it probably is a regulation. Up here they have to be confirmed at Government level to give them legal force and Aberdeen City Council hasn't done so. That's what happens when a Council gets greedy and tries to get away with increasing plot rents by 152%(that is the increase element) in a twelve month period. The rents were increased by a further 10% recently and the Council's website shows they plan to increase rents again next year. I can only say thank god for the internet because I would have been totally lost without it.

[Aberdeenplotter]

On subject of the internet, it isn't just good for finding information, it is great for getting information out. A local online newspaper ran an article for me yesterday. Any typos are theirs and not mine but have a looksee here A Lot Hinges On Allotment Court Case - Aberdeen Voice

[Two_Sheds]

Council gets greedy and tries to get away with increasing plot rents by 152%(that is the increase element) in a twelve month period. The rents were increased by a further 10% recently and the Council's website shows they plan to increase rents again next year.

Yep, price the plotters off the land, then you can say there's no demand, then you can sell land for development

[Aberdeenplotter]

This lot sold a plot site for over £600k which was two million quid below its true value. Audit Scotland were involved and Police were involved but no charges ever brought. That was only one of several similar transactions and now they bleat about being hard up.

[Aberdeenplotter]

correction of above, it was £2.4million pounds below valuation.