Council letting a plot that hasn't been given up.

[sez]

I took over my plot at the beginning of march - signed a contract until the end of the year ie april. I turned up today to do some more digging and bumped into my neighbours, who asked if I've spoken to the council this week. It turns out that the previous owner turned up last week and asked who had been on his lottie... he never officially gave it up! So it seems the council have let the same plot twice. I'm pretty sure it must be the council that have rung my phone 5 times this week during working hours on a withheld number and not once left an answerphone message.. I've not received any post from them either.

I am absolutely LIVID. It's not the previous guy's fault... though he did leave it with stuff rotting in the ground and the shed waist high in rubbish, cobwebs etc as well as tools. Can anyone advise me on where i stand?

[gardenplot]

Oh My God that is really bad, my heart goes out to you, I would be so LIVID too.
Sounds like the council have made a really big booboo with the letting of the plot.
The only thing you can do is keep trying to get hold of the person at the council who told you, you can have that plot and find out for sure if the previous owner has still got the plot and if so you want another plot and your money back and if you signed a contract it should be for the year not a month.
Give them Hell and good luck, I do hope you get it sorted and can keep the plot on

[Pootle]

It says it all about councils and their lack of efficiency.

If its the case that its handed back to the original holder, make sure the council give you the pick of all other available plots and provide the manpower to get it in a fit state for you...I find a screaming child works wonders when making such requests (I can lend you one if you'll pay the postage!)

[rustylady]

You have a contract, so you're entitled to a plot. Their mistake, but they have to find you one. If you can't get hold of the idiots in charge of the allotments, contact the Chief Executive of your local council and make loud noises. Your local paper and your local MP might also be good contacts.

[jacob marley]

You say the council let the same plot twice but did the first tennant pay his rent for this year or was he trying to pull a fast one and you got stuck in the middle stinks a little bit methinks jacob

[Novice Gardener]

Where we are, one of the conditions of taking on a lottie is that it must be kept in good working order, and when I spoke to our lottie lady, she said that she actively "repossess" lotties that have been left unattended or neglected, so maybe thats what happened with your plot. Rather rude of them not to have informed the previous tennant though

[Snadger]

Has the previous owner got a written lease or has he defaulted on his rent payment? If he's defaulted the council are within there right to re-let the plot to you!

[seasprout]

Are you absolutely sure you are on the right plot...??

[SarzWix]

Sez, this sounds like a monumental cock-up, one way or another. If they have repossessed the plot, then the previous tenant should certainly have been told about it
The others are right, if you do end up having to leave the plot, then the council should make sure you get another plot, and make sure that it is cleared for you if necessary. Also you should be compensated for any planting you have done already.
I really hope you get this sorted out SOON, and don't let it put you off - having a lottie is a pleasure well worth a lot of effort!
PS. I'm a firm believer that things happen for a reason, and often a lot of good stuff comes later out of what seems like hell at the time.

[Mrs Be]

How awful for you, I hope they can find you another one. I keep reading about councils' mistakes. It does make you wonder if they've been caught on the hop a bit by the surge in allotment popularity. Still, that's no excuse.

[sez]

thanks for your support everyone. i have to admit this is upset me a bit and at the moment i'm kind of in the 'if i have to take another plot, i can't be bothered with it this year' state of mind. i've been trying to fit in the lottie around a full time job, a sprained ankle and permanent rain so while it doesnt look liek i've done a lot, for me it is.

regarding the contracts, our year runs beginning of may to end of april - so when i took it on in march, i was just signing and paying for that month or two - obviously thinking id get another contract in april. this never actually turned up.. id forgotten all about it TBH but it makes me wonder when connected to this mess up.

and yes, im absolutely sure ive got the right plot i checked and triple checked before i even set foot on it!

[bluemoon]

We had a similar problem, but the previous tenant really had given it up and the council were well within their rights to give it to us. We were told by one of the old boys that his friend had been given our plot and that the council had thus rented it out twice. We'd only had it a fortnight, but we'd already spent a lot of money buying compost bins, tools etc and I was so upset. It took me three days to actually speak to a human being rather than a machine at the allotments office, but when I did it seems that this chap's friend had never even applied for a plot, never mind been given ours. They also hinted, but never actually said, that this chap tries the same thing with lots of new tenants, for some reason he doesn't like new people and tells them all sorts of tales to try to make them leave. Had I accepted this person's word I would have left and become so disillusioned I probably wouldn't have reapplied. So stick to your guns, find out from someone in authority what's really happening and, if it turns out that the council are at fault, demand your pick of all the plots that become available until you find one that you like. This won't be ideal, I know as - and this might sound silly, - but you do actually 'bond' with a plot and when you give it up, swap it for a different one or, as in your case, lose it through no fault of your own, then it can be difficult to settle somewhere else. We gave up our original plot due to work commitments, but a few years later took on the one we have now and it took me 18 months to get used to it, I still planned things as if we had the old one. So let the council know exactly how you feel. Also, if the original tenant had left things in such a state why has he suddenly turned up?

[greenlung]

Bad luck : Round here, it's the council who decide if you've 'given up your plot', i.e. if you don't keep it 75% cultivated, they can in theory chuck you off, although I would have thought they'd have written to the old tenant first to notify him.

[seasprout]

Hi Sez... any news..?

[sez]

I have to give my plot up and have been offered another. I think its rather weedy and have asked them to rotavate it for me... council guy says they will if they can get the rotavator in (its at the edge of the site with narrow path). Unfortunatly I can't get pick of the plots as there are no more available.. they have a waiting list for the first time in years.The previous occupant hadnt received notice to get off kind of letters and it was his own shed so he wants it back. boo