Another plot rent Victory

[Aberdeenplotter]

Eastleigh allotment-holder wins legal battle over rents


Read about it here. The tide is turning

BBC News - Eastleigh allotment-holder wins legal battle over rents.

[Aberdeenplotter]

Could one of the Mods please sort the title of this thread for me please.

[Aberdeenplotter]

more info here

AN allotment holder has won his legal battle to reverse "unfair" council rent increases for plots.

Alex Mullins, chairman of Eastleigh and District Allotments Association, mounted the challenge after seeing payments soar from £25 to £40 a year.

But now the 64-year-old is in line for a partial refund after a county court judge ruled that he should not have had to face the 60 per cent price hike introduced by Eastleigh Borough Council.

During the case in Southampton, Mr Mullins' legal team pointed to a previous case as evidence that the rate of increase from £5 to £8 for a unit of allotment was too much.

The judge said that instead he should only be subject to a nine per cent increase - in line with the fee increases introduced for the council's swimming facilities over the same period of time.

Mr Mullins says the ruling raises the prospect that civic chiefs will have to refund all of the 700 members of the Association.

The council has always maintained that the charge is good value and that the service is heavily subsidised.

[Aberdeenplotter]

This is absolutely brilliant for you English plotters because it shows that the Courts are upholding the Harwood v Reigate and Banstead Council case. Don't just point out that case. Point out the decision in this one as well.

[Two_Sheds]

The council has always maintained that the charge is good value and that the service is heavily subsidised.

... but the council has sod all expenses in running plots. The occasional letter, annual rent collection perhaps. Most of them don't have a dedicated member of staff, and they don't do routine maintenance on the plots.

Councils are just trying to rake in as much money as possible.

[Aberdeenplotter]

Could one of the Mods please sort the title of this thread for me please.

Thank you nicely whoever made good my error.

[Aberdeenplotter]

It strikes me that these Court cases are of such huge importance to Allotment Holders, that there should perhaps be a stickied thread containing the details and with a less of a two fingered poke in the eye statement to local councils as the title. There should perhaps even be a separate legal matters section so that folks can find the information easily.

Anyone else of the same opinion? I know how hard it has been finding information in support of the problems I've encountered and I want to make it my mission in life to make sure that folks have an easier time of it than I have.

[Aberdeenplotter]

posted this in another thread today but the message is extremely important to all plotters who are tenants of local authority owned plots in England.

Rob, that's all very well but there hasn't been a Court case that has held increases that are above the cost of living to be unlawful. The Harwood case has held it to be unlawful to increase plot rents by more in percentage terms than the increases applied to users of other Council owned Recreational facilities.

This is the argument to use and the fact that a Court has very very recently thrown out Eastleigh's increases should be very persuasive to any Council seeking to make unreasonable increases. I keep saying it. The ammunition is there. Use it.


What I think I'm trying to say is that someone has already had the pain and strain of a High Court Action and has already proved that what these councils are seeking to do is unlawful. There is no need to try to reinvent the wheel. It's already been done. no need for more pain or strain. It's check mate before the chess pieces are even on the board. It's the one time in my life I wish I lived in England.