Can this forum help in relation to allotments legislation ?

[leonmc0708]

hi There

I have had some great advice and got out of a couple of personal "holes" thanks to the wonderful people on this forum, and I am eternally grateful.

I wonder if there are people on here who could help with regards to the legalise of allotments, legislation and a rent dispute with the council ?

If so where is the nest place for me to post my points please ?

[nemesis45]

Re: Can this forum help in relation to allotments legislation ?

hi There

I have had some great advice and got out of a couple of personal "holes" thanks to the wonderful people on this forum, and I am eternally grateful.

I wonder if there are people on here who could help with regards to the legalise of allotments, legislation and a rent dispute with the council ?

If so where is the nest place for me to post my points please ?

Hi post the details here. I'm sure of the LB team will move it if necessary.

nem

[stevemLS]

Re: Can this forum help in relation to allotments legislation ?

Hi, I am by no means experienced in this area of law, so don't expect too much from me.

I do know that allotments are governed by specific legislation, I believe the Allotments Acts 1922 & 1950 are your starting point.

What is the issue?

[leonmc0708]

Re: Can this forum help in relation to allotments legislation ?

OK here goes.....

After some help, advice, pointers and comment if people don't mind.

I am on the committee of my Allotment Society which is "self managed" and previously benefited from 30% of all rent payments income that the council set as an allowance for managing the site. eg if we collected £1000 rent the council would allow us to retain £300 for use on improving hte site.

Previously, up until 2014 the rental figure was set at £31.35 per plot and there are 131 plots on the site that we manage as a society so the bill was 131 X £31.35 = £4106.85 and the society was allowed to retain £1232.06 of this and the council was paid £2783.79.

This figure was then divided equally between all the plots dependent on size (some large, some small, some half large and some half small). To their credit (and subsequently now stupidly) the management fee was always used to keep rent costs down as well which is also adding to the issue at present now this management fee has also been reduced.

The society was served notice to determine the new lease in February 2014 and then in April 2015 we received a letter informing us that the figure was now £10218 - which equates to £78 per plot. At the same time the "management fee" has been reduced from 30% to 15% meaning the payable amount is now £8686.30 (divided by 131 = £66.31) In the interim period we have had to agree to take on the water meter costs from the council which equates to circa £10 per plot holder.

This means the society now gets more money, at £1532.70 but less as a percentage.

We are "in negotiations" with hte council who have advised (during Complaint LEvel 1) that they are correct and will stand.

We have not signed a new lease to agree to these figures as a society.

We also (the treasurer) paid a cheque to cover the old amount of £2875 on the basis that until a new lease is signed he cant pay more - the council have however "taken legal advice" and not cashed this cheque.

Does anyone have any experience of this - advice etc.

Thanks in advance.

[stevemLS]

Re: Can this forum help in relation to allotments legislation ?

There is recent case law on increasing rents on allotments, http://www.bailii.org/ew/cases/EWHC/...2014/2598.html which may assist you. Have a read and see how you think it applies to your facts.

[leonmc0708]

Re: Can this forum help in relation to allotments legislation ?

There is recent case law on increasing rents on allotments, http://www.bailii.org/ew/cases/EWHC/...2014/2598.html which may assist you. Have a read and see how you think it applies to your facts.

I read about that and I do feel there is something in that for us to take the council on with, however I struggle personally with the legalise and litigious language at times.

I will have a good read of that and come back - many thanks