Battle to keep allotment

[Aberdeenplotter]

Most of you will know from my previous posts that I've been engaged in a battle with Aberdeen City Council since 2008(see our website Home ) after our rents were increased by 80% when charges for other users of our Council's recreational facilities only went up by 10% and that in 2009 the Council increased the rents for holders of full sized plots by a further 72% after we complained that the rents for half plots were more than half the rent of full sized plots. That new rent for full plots then became double the rent for a half plot)

Up here Local Authorities have to have their regulations for rent confirmed at Government level to give them legal force. Our Council hasn't done so and our Government in response to a parliamentary question has confirmed that local authorities are not entitled to collect rent using regulations that have nor been confirmed as above.

Our Council has flat refused to budge so I refused to pay any further rents and told them to sue me for recovery of rent and for recovery of possession of my allotments and that I would happily meet them in Court where a Sheriff would decide the matter.

The Council has now issued a writ to recover possession but not to recover the rent (as yet at any rate).


I'm not worried about this. It needs sorting out. I've had to give myself a crash course in the Unfair Terms in Consumer Contracts Regulations which seem to be brilliant. A term in a contract only needs to have the potential to be unfair to be unfair , and I think I have ample protection from our Allotments legislation(which is materially different from yours).

Wish me success guys. Not luck. Luck doesn't come in to it.

[rustylady]

Wishing you success as requested. What happens now they've issued a writ? Does it go to court?

[Aberdeenplotter]

The issuing of the writ has actually put it into the realms of the Court and that is exactly where I wanted it to go. I can't put the exact terms of my defences in here yet but I will do so later. I'm the only one who stands to lose his plot( it only takes one) but every plotter in Aberdeen and indeed everywhere in Scotland except Edinburgh(the only Scottish local Authority that has done what is needed with its regulations)is affected by the outcome. The worm has turned and hopefully has the teeth he thinks he has. .

[Seahorse]

Good for you for making a stand! It's easy to tut and moan but it takes courage and dedication to actually try and do something. Wishing you every success.

[Aberdeenplotter]

Thanks Seahorse. although I did choose to make a stand, I was rather put at the forefront of this by chance after I won a trophy put up by The Scottish Allotments and Gardens SocietyI(Sags). They had no members up here and in winning that trophy I became their local contact.

In August 2008 Sags sent to me a copy of a consultation document about allotments in Aberdeen sent to them by Aberdeen Council that contained details of the increases put in place in February 2008 . The Council didn't send it to us, the principal stakeholders and had I not received a copy, I like the other plotters in Aberdeen wouldn't have known anything about the increases till the rent notices were sent out the following December.

The Council didn't send the Consulation document to us " because we would have expected our views to be taken into account". I kid you not.

Anyway, after getting that document, I set about trying to contact all the other plotters in Aberdeen but the Council would not give me access to the register of tenancies which they are obliged to do in law up here trying to hide behind the data protection laws. Anyway, eventually, the Office of the Data Commissioner Scotland put the Council in its place with that one. Nothing in the data protection legislation affects the obligations of a local authority under any other legislation.

Bottom line though, I had to start this fight myself and I've stuck with it in the knowledge that our Council has treated our plotters unfairly and has resorted to underhand tactics along the way in doing so.
The

[veggiechicken]

I wish you every Success, AP. Any fair minded Court would rule in your favour.

[bazzaboy]

I wish you every success AP, seems to have been going on a long time and doubtless Local Authority wallahs are drawing respectable salaries for continuing the controversy while you have to defend yourself and others on top of everything else. Look forward to reading that they begin to acknowledge the value of having allotments and people working them and change bullying tactics for something a bit more constructive and community orientated....

[Scarlet]

Good you for you AP! I wish you every success.

[lottie dolly]

well done for standing up for your rights,sending vibes of,you will win,victory WILL be yours

[Two_Sheds]

I'm sure you've seen all this AP, but for anyone who's interested:

"The Land Act of 1950 states that local authorities have a legal obligation to let land for use as allotments at such rent as a tenant may reasonably be expected to pay. It is likely that this will become the focus of a legal argument and allotment holders may challenge the rises on this basis." Greenwich Borough Allotment Holders Fighting Council Rent Increases

Ceredigion council abandons allotment rent rise BBC News - Ceredigion council abandons allotment rent rise

[Aberdeenplotter]

Thanks for that TS but the Scottish rent is dealt with on a completely different basis.

Up here and this is directly taken from the section 10(1)Allotments (Scotland) Act 1950.

"Land let by a local authority under the Allotments(Scotland)Acts, 1892 to 1926, for use as an allotment shall be let at the fair rent for such use"


We are given an unfenced piece of ground - not even any perimeter fencing- with no services on which we are only allowed to grow foodstuffs. Similar to a farm I would venture to suggest where a farmer has to supply his own fencing as we do.

I can point at a case heard in the Scottish land Court where the rent for a large farm was set at an average of £30 per acre. The farm had a large farmhouse with (I think) 4 Bedrooms, a range of buildings, two cottages that were let for profit and in addition the farmer has the Single farm payment subsidy which is substantial. Plotters have none of these benefits nor do we have the benefit of the benefits of bulk buying.

Aberdeen Council doesn't charge £30 per acre, it charges the equivalent of £1232 per acre. £77 per plot as opposed to less than £2.

By fixing the rent at the fair rent for the use of the land, It's clear that the admin costs fall to be met by the local authority and not by the plotters. There was intended to be subsidies so that folks could afford to grow their own. The 1892 Act was described within the Act as "an Act to facilitate the provision of allotments for the labouring classes in Scotland". It was intended that there should be a system of checks and balances so that the rights of these poor uneducated people would be protected and that was achieved by the requirement to have full public consultation and the Scottish Secretary as then was (now the Scottish Executive) was able to veto anything.

Aberdeen Council has sought to circumvent the legislation and in so doing to subvert the rights of its plotters.


p.s. I am aware of the Greenwich situation

[Aberdeenplotter]

oh and they treat two of my plots as half plots which they say should be 150squ mtrs and both of mine are under 90 squ mtrs.

[horticultural_hobbit]

May the Bruce Force be with you, AP.

[Helgalush]

Lots of success wishes & vibes coming your way AP. well done for taking the bull by the horns, so to speak.

[pauco]

Wishing you the best of luck AP, hope all goes in your favour


paul.