Peppercorn rents.

[Paulottie]

I was wondering If anybody could point me in the direction of some info on the law on rents and allotments.

For those with time/interest this is what's up:

Our small village allotment site has been much the same for years. Dozen or so plots, 50% occupancy and all for a pound a year and a share of the water bill. The fellow who ran it, had a tractor that he enjoyed driving although his interest and attentions have dwindled in the last year or two. I pushed a mower around once in a month. Things were pretty laid back, I think last time I was eventually billed after 3 years and still had change from £20. the only expenditure I can think of is a fella spent who a day fixing a wall a few years back, and also we all put in a tenner for two new standpipes.

So he's moving away and now another parish councillor lady has taken it on, she does have a small plot at the bottom of her adjacent garden. I saw an ad a couple of months ago offering plots for a fiver each.

Today, she bustles over saying that 'she doesn't know who's got what'. and how we 'had to formalise things'... So, I draw a map of established boundaries and tenants and pop it round, she mentions a mysterious unknown stopcock that shouldn't have been on during summer and that there has been a £250 water bill that the PC will meet. I gulp and mention the mysteriously increased rents in her advert and she says they'll bound to be going up, its not her and I should attend the next council meeting. I have spent the last three years extracting myself from commitees and village politics. But I do have to defend our rights and need to know if peppercorn rents can be increased 500% without notice and could they do the same again? The water leak won't help my negotiating position either. (also very irritating cos we're all frugal and it rained all summer) I need to know the law before I go anyway.

I don't want to appear mean here, but I think there is a principal to defend? This goes back to The Diggers revolt of 1649 and the General Inclosure Act (1845) which made the provision of allotments mandatory for the poor. (you may see why I don't get involved in public debates)

I fail to see what extra improvements we could really make if we pay a squid or a fiver! and is it a slippery road to £25 next year? is this land provided by the parish to the community, Is there nothing that is unprofitable left in this world?

[bobleponge]

Paul
I cant help you currently as I am away from home but if you have time, I am back home on the 26th Feb.
I had a similar situation a few years ago, and will have papers etc from the case up in the loft.
Give me a day or so after I get back and I will see what I can dig out and will send you a pm/email if I have anything helpful.
From memory the Enclosure act 1845 is still extant although the parameters have changed slightly. The wording is slightly different now but it still basically provides land for tenants (for tenants read anyone who resides within a reasonable area) for private agricultural purposes.
Good luck, and remember, the Tolpuddle Martyrs may have ended up dead but their cause changed the nation.

[rustylady]

Get in touch with the National Allotment Association, they may be able to help.

[Paul Wagland]

Definitely talk to the NSALG as rustylady says.

I wouldn't be surprised if the council were entitled to put the rent up, but £5 (or even £25) isn't much for a year, at least compared to most plots I know of. I'd choose your battles here.

Can't see why you should pay for a water leak though, if there's no contract?

Let us know how you get on, or if we can help at all.

[NOG]

I wouldn't mention the Diggers to the PC cos it was their lot that had them run off St Georges Hill.

You use the word RENT but in allotments it dosent normally apply. In allotmetns you purchase a licence that may be renewed annually.

There is a big diffeance in law between Rent and Licences. If I rent to you there would be a contract and (depending on the hereditament) if I renewed it twice this would give you a Tenancy. This would make it dificult for me to evict you.

But if I give you a licence to occupy it is for a fixed term and can be renewed, but by renewing it it will not grant a tenancy. so at the end of the licence I can tell you to sling your hook and you is gone. And you have no recourse to compensation, (except for those in the Allotment act 1950 for the value of growing crops), you cant claim squatters right, or make a claim on the land.

And the big AND...it is up to me to decide the cost of the Licance, you cant take it to Rent Review I offer it at a price and you either take it or not.

I think the fact that you have had it for £1 a year you have been very lucky. I would look at the thread on who pays what to see what the others are paying. Round here £50 a plot is not uncommon.

The fact that you have 50% occupancy dosent help you cos they could say there is no demand and close you down.

[SarzWix]

I think they have the right to increase the rent to whatever they like - just before I got my plot our fees apparently went up from £14 a year to £30 in one jump. However, it was explained that this increase was needed to install new security fencing all the way round the plots (frequently requested by plot-holders), so most people accepted it. If you have no explanation as to what the increase is going to fund, I would certainly be wanting to know! Especially as you say that you already share the water bill between you, and contribute to things like installing the stand-pipes. Perhaps if the rent is increased these things will be paid for by the PC, and you won't have to contribute?

[Paulottie]

Thank you for replies.

I got the letter today, infact the rent(definitely rent and I have the old tenancy and have been presented with the new ones)says that has gone up to £10(£1 a rod or at such other rent as from time to time affixed by the landlord) plus £5 for water bill. retrospectively applied by a year plus in advance in future, now with my second plot, a bill of £60.

As I already have my tenancy last year I can't see that they can put the rent up in arrears- it was a contract? further it says they can have a second bite if the water bill exceeds the amount, and that they wish to have a 'fund' for contingency. No mention of improved 'services', As I recall I have mowed the place for the last couple of years, and nobody else has done much after the old manager lost interest.

I've tried to attach letter but couldn't seem to get a decent format difficult to read.

Unfortunately I'm not a member of NSALG, I was a bit misleading when ! said 50% occupancy, infact its about 75% now and in the past the allotment manager had a tractor and topped and ploughed the unused land and a few of us took on the peppercorn rent to ensure a façade of nearly full occupancy. We are aware that if the allotments are not used for a year and a day the could be reclaimed by the parish. It is not so attractive an idea with the regime/prices. and I can't see it encouraging new tenants either.

I don't say that their proposals are not in line with the norm, but it all seems a little open ended in their favour, I feel a lot less secure in my tenancy/ rights.

[SarzWix]

I think the lady who has taken over the running has delusions of grandeur Paulottie!
If your rent is going up to provide for a 'contingency fund', then surely this should be covering any shortfall on the water-bill?? I can understand them wanting to have a bit put-by in case a £250 bill arrives again, but wanting a fund AND extra if the bill is high seems a bit much!

[Paulottie]

Just what I thought SarWix, The letter implies that the council will cover the bill, but in truth. the arithmetic tells me that the allotmenteers would cover the cost with just the backdated rent hike. and certainly more chance now I have provided a map of who had allotments and where they were. (3 have moved and 3 given up so it won't be easy to get a retrograde hiked bill paid)

If there has been a water leek due to someone having to turn on the water and not knowing of the frost 'drain tap' in spring cos The retiring allotment manager wasn't about, then perhaps he should have checked them when he was. It just irks that In a year when it rained nearly every day from May and we sustained heavy crop failure; we are now having to pay more.

The final insult is that the new manager has always refused to pay her share of the water in the past; as she claims she can drag in the hose from the garden.(haven't asked her about the future yet!) At no stage has she canvassed the opinion of the allotment holders, nor do I find any record in the PC minutes of her discussing this proposals before them being passed. Maybe not delusionally grand, but more of a self-appointed Hitler.

I certainly feel that should we have this fund I would have no control if, and on what, it is spent. And, may I say that we already liable for a £1700 C.Tax bill for the privilege of our tiny two bed bungalow in the parish! I don't feel the Council need any more of my money with which to decide what to do. If the old retaining wall crumbles into the road, or the water leaks as the result of an oversight, then surely that comes under the responsibility of the provider?

As I say it is not that I feel that the rent is unreasonable or that I want to run the site..... I don't like the way the tenancy leaves it open to any charges they fancy, I don't like the way it has been announced, and(to be frank) I don't like her much.(old battles and operational style observations)

I don't much want to be involved in politics, argue with anyone or start a allotment society(perhaps the best way forward). I'd rather be peacefully feeding my family I just know if I cause a problem then they can make my life difficult when I want to do anything.

[NOG]

Interesting letter.

Paying the Rent in advance is normal or we would all rent a house for a year and then leg it before we had to pay the rent.

But I don't like the bit that once you have paid it they can come back at the end of the year for another lump...agree to that and you wont have to worry about the Ctax cos you will not have a bungalow to live in.

There is noway I would accept that. If they wanted Rent in advance then divi up the water at the end of the year ok...but not pay and pay again.

Also Mme Manager she could put a hose over the fence but does she. Either you all pay or noone pays else you could say you ahve used less than the next bloke and want to pay less.