Fair Allotment Rent

[rob the roller]

So far as a fair rent is concerned, you should enquire what rents have been in the past. Best place to start will be your assocation secretary. An increase to reflect rises in the cost of living is reasonable. The rent increase you describe seems out of all proportion to the increase in the cost of living, and you may be able to challenge it in court.

The rent also appears on the high side to me although I am not familiar with the plot sizes you describe.

Your tenancy agreement will say whether the landlord may increase the rent, and if so, whether notice must be given. Again, check with your association secretary if you are unclear on the point. If there is no power to raise rent, or if you were not served proper notice of the increase, then imposition of a higher may not have been lawul.

You do not say what stance your fellow allotment holders take. Are they content to pay the increased cost? A group stands a greater chance of being listened to than a lone protester.

Having said that, you are at liberty to take the matter to the county court on the grounds that the rent increase was imposed unlawfully (e.g. because there was no power, or because the correct notice was not serve, or because the rent increase was unreasonable. You may need to move quickly. There are time limits on taking legal action. If you want to challenge the increase on grounds of unreasonableness (judicial review) the time limits are very tight.

Best of luck

Rob

[Aberdeenplotter]

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.

[salome2001]

our association has 8 sites
the main site has parking, a permanent shed, trading shop, toilets, security fencing, compost/ manure/ pallet deliveries and a standard "10 rod"/ 270 sq yard plot costs £64 a year

Our site has no parking, no shop, no toilets, no fencing and no deliveries and a standard "10 rod"/ 270 sq yard plot costs £64 a year

But we did get a skip this year to clear years' worth of accumulated rubbish (including dumping from kind neighbours) off the site. Whoo hoo!

[mrswadders]

7 pole lottie and NSALG fee at £2.00 and membership subscription - £9.20

we have water but no loo and parking is at the end of each plot

think i'm pretty spoilt judging by what some of you pay!

[binley100]

Blimey Newton that's expensive ........

[Alison]

Can't remember quite how much it is and this year's bill not due yet. I know last year it went up to twenty something pounds for the year though. No facilities at all but no annoying and pointless rules either, just turn up, grow stuff and don't annoy the person on the plot next to you. Simples and wonderful

[Aberdeenplotter]

At the risk of starting to be boring, If you English tenants of local authority allotments are threatened with or have already had increases imposed upon you that are greater in percentage terms than the increases imposed upon users of other Council owned recreational facilities, you can stop proposed increases in their tracks or reclaim the excess increases for previous years.

That is what has happened in the Eastleigh case . If even some of you let me know you understand what I'm banging my drum about, I'll stop being boring. It is vitally important.

[Two_Sheds]

£75 pa, plus £15 or so for the water

Wow. Four years ago my rent was £20, it's gone up every year and is now £30.
Not council, it's Allotment Assoc. Despite there being £100k (it's said) in the bank, our rents are still going up, and no improvements have been made (bar new padlock that doesn't work).

At the risk of starting to be boring... let me know you understand what I'm banging my drum about, I'll stop being boring. It is vitally important.

Keep on banging it AP.

I don't know why more people don't object to unfair rent increases: I think most don't want to make a fuss...

[donnakebab]

AP I understand exactly what you are saying. I'm still mulling it over in my head at the moment as regards what action to take. I'm a bit worried about raising my head above the parapet because I don't pay my rates to Birmingham. For correspondence and the like I do have a Birmingham address I could use. I don't want them to bring in some new ruling (or dig up an old one) that you can only rent a plot if you pay your rates to corresponding Landlord. It could potentially ruin things for many people.

Don't think that I'm not taking in what you are saying. I think your are doing an amazing job and I'll let you know if I decide to go ahead with a challenge. I think It would be a good idea for me to have a word with a few of the tenants on my site. Some of the old guys have been there for decades.

I do think it's interesting though to see the disparity between rents and services around the country.

[Aberdeenplotter]

Donna, I think you are totally right to keep your head down. Not sure what the situation is down your way but up here, there is only an obligation to provide allotments to residents in a local authority's own area. If you rock the boat, you could get chucked off but you could get chucked off at any time if someone at the Town Hall notices. I'd be putting my name down for a plot in my owm area just in case.

Get a local resident plotter to front any objection.

[Aberdeenplotter]

I don't know why more people don't object to unfair rent increases: I think most don't want to make a fuss...

I think it's probably more that they think they have no chance of succeeding in a challenge against a local authority.

David and Goliath country in terms of resources but both Dennis Harwood in 1981 and Alex Mullins very recently have had the courage of their convictions.The Harwood case is the very pebble that Mr Mullins used to slay the case of Eastleigh Council.

My own case is different and hinges on whether our Council has made Regulations for its allotments. Council says it can choose whether to make regulations(agreed) and that it hasn't made any (bollocks).

They set a rent as a result of which there is a limit on the amount they can charge a tenant. Set and limit are both synonyms of regulate. We have to accept a list of conditions when we get a plot. Rule is a synonym of condition. A regulation is defined in the Oxford English Dictionary as a rule made and maintained by an authority. Our Council refuses to accept those arguments.

It is vitally important because any regulations made in terms of the law "shall be of no force" unless and until confirmed by the Scottish Exectutive. Rest assured, despite the Court case, I'm continuing to bang my drum to the City Council.

[Aberdeenplotter]

Oh and I also have the courage of my convictions

[donnakebab]

When is your court case AP? You've probably already told us but I wouldn't know where to look.

[Aberdeenplotter]

Answers have to be in by mid march and the case calls towards the month end. Don't worry, I'll let you all know how it goes for better or for worse

[Aberdeenplotter]

At the risk of starting to be boring, If you English tenants of local authority allotments are threatened with or have already had increases imposed upon you that are greater in percentage terms than the increases imposed upon users of other Council owned recreational facilities, you can stop proposed increases in their tracks or reclaim the excess increases for previous years.

That is what has happened in the Eastleigh case . If even some of you let me know you understand what I'm banging my drum about, I'll stop being boring. It is vitally important.

Did a bit of research in to this last night. The Harwood Case was in the High Court. The High court is a superior court to the County Court and a High Court decision cannot be challenged in a lower Court.

If Eastleigh Council wants to appeal, they need to escalate into the High Court.