Kitchen Garden Forum

Well the council is forging ahead with their allotment strategy - got my notice to quit from 31/12/2013 so they can implement their changes which surprisingly are somewhat different from what they originally intended!

Kinda happy really - allowed poly tunnel now, a greenhouse & a shed & no mention of vacating current site. No deposit or investment fund - but is it normal practice to give notice?? What if they don't take me back - can they do that? - not that I've done anything wrong but no mention of size of plot in document or whether can keep current 2 plots - not to mention over doubled cost this year then up again for next 2 years! (Although did get bill for the 2 plots in same letter).

Don't understand really? Advice needed!

Westi

Pay the bill you recieved, ASAP.

Once done you're the legitimate tenant and would have to be given notice to quit, again. Any road, once receipted then ask questions.

Westi. Suggest you get all fellow plot holders to join the NSALG. [nslag.org.uk ] If you join as a group it is cheaper. Their Legal help is then free. Usually makes the Council take a step backwards should they have a long term plain to build on your site.

Hi Westi, notice to quit at the end of the current year is a very common practice in use by a lot of councils. on the whole it is just a notice to show your current tenancy expires on 31/12/13 & there are no alterior motives. we have had them for 20 years now.it is also a way of increasing rents as basically you are entering into a new contract with the council at a new price. get involved with the NSALG as they know all the legal stuff in case anything sinister did occur. the committee still collects rent here & then the council bill us for the required amount once they check all the details of pensioners etc.

Thankyou farmer jon - thought it was to implement changes. Can they prevent anyone from re-joining if they have no issues against them? Already in NSAGL through my subs. Just to charge more rent - or something coming afterwards? It's basically a get out of jail card for them isn't it?

Westi

Westi. Why not run it by the NSAGL. You have nothing to loose.

Westi wrote:Thankyou farmer jon - thought it was to implement changes. Can they prevent anyone from re-joining if they have no issues against them? Already in NSAGL through my subs. Just to charge more rent - or something coming afterwards? It's basically a get out of jail card for them isn't it?

Westi

Hi Westi , yes,get out of jail card sums it up..lol... the only thing that did spring to mind was those with multiple plots being asked to reduce to a single if the waiting list was very long. as you say already, as you have been invoiced for both then there doesn't appear to be any problems. can't see them refusing anyone to rejoin without good reason, only if the rent is not received within the stated time.

My worry is if they make us change our contracts anything they agreed in the original startegy will be nul & void - they could change anything really! Mind if don't sign won't have my lottie - rock / hard place comes to mind!

Westi

we have the same problem with our council, but at least they have stated we have nothing to worry about apart from the rent increase, they have already cut all new plots to half plots to reduce the waiting list , i do not know any one with more than one plot,one of the things they are introducing is a no fence policy they say certain illegal plants have been grown hidden behind tall fences

Westi,
Don't loose sight of Peters advice.
Regards, Gerry.

All paid - giving them no ammunition! Waiting to hear from the committee for their advice - decided lack of trust here, their public consultation was so different from what plot holders said they replied - Hmmm!

Not to worry - will be the loudest voice if they change anything!

Will keep the forum posted of developments!

Westi

Westi wrote:All paid - giving them no ammunition! Waiting to hear from the committee for their advice - decided lack of trust here, their public consultation was so different from what plot holders said they replied - Hmmm!

Not to worry - will be the loudest voice if they change anything!

Will keep the forum posted of developments!

Westi

Hi Westi,
just curious here about what changes were proposed compared with what actually HAS been changed. we have an agreement that covers your basics such as boundaries,paths etc that was updated about 7 years ago ,only due to the olde world patter that it was written in. everyone signs one when they first take over a plot & these are valid until you quit. this agreement comes from the council. running alongside this is a list of by-laws drawn up by the committees over the years relating to fires,watering,fruit tree height & positions etc.this part comes from the committee. any changes to the latter are proposed prior to ratification at the AGM.

Right it says Notice to Quit as formal notification of planned changes from Community Services Committee. They then list the agreed changes which are all about changes to the tenancy Agreement such as:

Buildings - slightly larger but smaller plots only allowed either a shed or greenhouse not both (can have both if you have 10 rod plot)
Polytunnels - up to 50% of a 5 rod plot no mention of 10 rod size allowed.
Improvements for disabled
Deposit & Investment Fund - None
Code of Practice for hens & coop size.
Ditto rabbits
Nuisance & Other - Updating clauses, water, car parking, composting etc
Management - changing to say councils can authorise agents inc Allotment Assns???

One of the chaps at lottie says is OK as clearly states to make planned changes but wouldn't this just be a vote & signing a new agreement not a notice to quit?

Wierd!
Westi

this seems to me just a tweaking of rules & regs for health & safety etc the way most councils have gone red tape mad. it has probably been drawn up by a desk jockey with not much working knowledge of allotments, hence the sensationalist "notice to quit " headline.
I would be interested to know what you actually signed when you paid your rent ? was it a new contract containing all of the above & if it was does it have an expiry & start date ? do you sign an agreement every year or just pay your rent ? usually notice to quit is placed on the notice boards on the field itself & is just a formality.
this looks like the updated agreement that we signed several years ago. things like polytunnels need a set of regs or somebody may well cover the entire plot. these were rare on allotments when the old agreements were drawn up & councils like to cover every eventuality.what looks like major upheaval on the outside can be something & nothing once you study it closely. personally I can't see a big problem & your plots are quite safe.

most councils now will have virtually no money to invest in allotment sites & encourage grant & lottery fund applications. allot asscns are where 2 or more sites combine their resources ie shop etc. this can be good or bad. we broke away & became very profitable as the other site we were joined to was bleeding us. our site is a society now ,the money from subs & sales is ploughed back into the site for machinery or improvements. the committee are classed as agents for the council whose only real input is to collect rent or enforce eviction notices. most councils now don't even have a dedicated allotment officer but tag it onto green space management as the committees effectively run the allotments for them.