Is Our Plot 'Our" Plot?

[Rhona]

Any experience of this, anyone?

We have our first allotment, well second, actually as we were moved from the first one to the plot next door, due to a mistake with the map issued to the allotment sec.

We signed our contract in Jan, and have been working this plot for about 3 weeks, and have got it great shape (was pretty good to start with). The previous owner Mr M had the plot for about 20 years and spent half the year in Jamaica and 6 months here, working his plot.

Yesterday, some of his family turned up wanting to know what we were doing on "his' plot. They were fine when we explained we had been offered plot etc. but claimed that Mr M HAD paid his rent (he had been given notice for failure to pay) and it was all a mistake of the part of the council.

There is some history of this with Mr M, and we think he's kinda got away with it because he's a longstanding plot holder and a nice guy, to all accounts.

I know what the contract says, and we should be safe, but are we? It's not half taking the shine of everything! Should we be worried?

[Eyren]

I would say that it's up to the council to sort it out, if that's who handles the contracts. Whether you should be worried or not, I can't honestly say - theoretically not, if your council sticks by their decision to terminate Mr M's contract. If he's out of the country half the year and not cultivating his plot, they probably have a right to evict him!

[di]

They really have messed you around haven't they!I don't "know" how it will go...not all lotties follow the official procedures,I'd say it should work in your favour,but who knows???
I'll keep my fingers crossed for you.If worst comes to worse & they do give it back to the old tennant,then I think you should be entitled to either some sort of compo,or at least help clearing the next plot in time for planting!Also,you should contact the council direct & let them know what's been going on.
That said,here's ho[ping that this time it all works in your favour!
((((x))))

[Nicos]

Oh dear Rhona...you must be getting fed up with them!

Is it a council plot?
Is he a resident of GB or is his main residence now in Jamaica??

Might be worth putting your concerns into writing to the site managers and see what they say?
Legal advice???
I know I'd be more than fed up if my private plot was given to someone else just because I'd delayed payment of rent.- what sort of fruit /veg/fencing etc has he left on it??

Urmm...I've been away a little while- was all that hassle about the shed for the next door plot????...or am I even further out of date??????

[bluemoon]

Rhona, sadly Sheffield council have made a real mess of things this last year, the eviction notices are sent out by an independent company. Now, if you are a pensioner or unwaged then you can claim a reduction in your rent, basically you just pay the water charges and the rent is free, It seems this company are sending out eviction notices to everyone who qualifies for a reduction as it's probably showing on their computers that the rent is unpaid - which, technically, I suppose, it is. I know of three people this has happened to, one of whom was very upset when they thought they were about to lose their plot even though as far as they were concerned the rent was paid up. All you can do is contact the council and try to get them to sort it out. Phone though and talk to a human being rather than their machine as they never get back to you. Don't e-mail for the same reason.
good luck. I hope it really is yours and that Mr M's family just have the wrong end of the stick.

[Pumpkin Becki]

Oh no Rhona, not again surely!!!

I would hope that the council have records to show they have followed their procedure and are happy that Mr M was given his due notice and therefore evicted fairly.

I really hope this pans out well for you Rhona, it must be so frustrating.

[Norburger]

Geeez you have a real good local council NOT !

Do hope it gets all sorted out. Happy growing.

[Rhona]

Thanks all. It's a bit unsettling (again) and would love to just be able to throw ourselves into it, but it's one thing after another! Nicos - the shed thing only resolved 'cos the council realised we were on the wrong plot, so wasn't our issue anymore. Mr Nasty Shed is still making problems, I gather, and has half-moved the shed (currently straddling two plots) but it's nice to at least not worry about him!

When the council said this plot is ours, I asked him to check and double check, and he gave me the dates that letters were sent to Mr M, then the notice to quit was sent in October. We signed our contract in January this year. Bloke from council said that if 'anyone comes and asks' that we could reel off the dates that due warning was given. This was a couple of weeks ago.

The council chap has been there for years and knows the ins and outs of our (and everyone else's) sites, so he must be clued up about this one's history.

It really seems that it's a slow old process to get someone off a lottie here, and the procedures have been followed. We're the tenants now, whether it's been for five minutes or five years! But what if the council say, oh sorry, we made a mistake?

S'not fair. (I hardly ever ever say that, but feeling a bit blue at all the work we've done and all the plans we've got excited about!)

[Nicos]

If they say they've made a mistake???....urmmm....tough one

Is there another plot you could have if this guy promises to help you get started???

You say he's a nice guy- maybe he'd help you out in exchange??
You say the plot was in a pretty good state- it does make you think that he'd not abandoned it doesn't it??

[bluemoon]

Rhona, if the chap at the council says it's yours then I'd be willing to bet it is. I was told when we first got our plot many years ago now, that someone else had already taken it (this by a busy body on the site). The lady at the council explained that their system made it impossible to 'double book' a plot. I think you can probably relax. The only thing I could think was that the former tenant had been claiming benefits and his account had been messed up as had happened to others, but if the allotment's office themselves say it's yours then it almost certainly is. The only other way a mistake could be made is if someone put the wrong number by accident on your agreement ( read a 6 as an 8, say), but the council would have realized that had happened when you spoke to them.

PS, Contact Sheffield Allotments Federation if you have no joy. They are very good and at least one of them is very clued up on allotment law.

[snakeshack]

Our council are no better ,yesterday I had a letter reminding me my rent was overdue and I had not paid.
First off the invoice was never sent and the reminder is for a plot on a different site!
just to cap that in the same post there was a letter reminding me of the site reps meeting tomorrow acknowledging i am site rep.
I have never actually received the origional invoice,think I may be bringing it up tomorrow though!

[Shortie]

Hi Rhona

I can't offer any advice but wanted to say I hope it all works out okay - karma and all that

Shortie

[Paulottie]

What a disgraceful mess! Council couldn't organise lemonade party at R Whites.... Is anyone manager of this site?... I don't want to be flippant, or rant on about politics here as I can see this must be horrible for you. However, although I feel sorry for you ; I don't agree that you can take this man's plot ...Imagine 20 years of effort being weaselled out of him by incompetent or petty council workers....Imagine what he'd feel....Unless he has told you personally, or the council in writing, or even St Peter that he's given up his plot...well, you shouldn't even step on one of his beds.

As long as Mr.M. pays his rent sometime during the growing season and retains a residence in Sheffield (however much time he is lucky/sensible enough to be away in winter). If that plot is kept cultivated and in good order they cannot and should not evict him ....and just because he doesn't dash back to answer their correspondence!!!shame ...this is scandalous You must not be party to this.

I just re read the £200 shed episode..... Has he moved his precious yet? Why can't you have that allotment? If you have already started work there then they should give you first dibs on that ...map mistake or not. go and squat that plot if needs be; Forget the shed, You can't eat a shed, a shed can come later... all you need to start is a fork rake and a few seeds.

[HeyWayne]

As long as Mr.M. pays his rent sometime during the growing season and retains a residence in Sheffield (however much time he is lucky/sensible enough to be away in winter). If that plot is kept cultivated and in good order they cannot and should not evict him ....and just because he doesn't dash back to answer their correspondence!!!shame ...this is scandalous You must not be party to this.

That's a big if. May well stipulate certain other terms in his contract that he has failed to meet.

Hope you get it sorted out soon Rhona.

[Snadger]

Sorry to hear of your problems Rhona. The amount of 'problems' people seem to be having with Council beaurocrats I think we need to have a new heading entitled 'Plot woes'