Someone's on my new plot!

[otbc]

Hi all

Newbie here, was hoping for some advice. I took on a plot last month in my home city (Council-managed allotments) and upon going down to take a look, the plot looked as though someone had mis-numbered their own number as the plot (essentially, I was offered plot 2 and someone had put a sign for plot 4 at the entrance, meaning instead of the plots going 1, 2, 3, 4 they were numbered 1, 4, 3, 2). The original sign marking it as plot 2 was on the ground just inside the gate.

I contacted the council about this before taking up tenancy and they assured me that I had the right plot and they then corrected the numbering to what it should be. I've been working hard on the plot since then and have got a lot done (the plot is paid, tenancy agreement received etc).

I had an email from the council today saying the people who had plot 4 had been accidentally using my plot 2 (a better plot, by all accounts) for the past year and they'd like to keep using it, so the council have asked me to move and have given me an option of an couple more plots - not good ones at all though; they're an absolute state!

I'm under the impression that since I've signed the tenancy and have even checked the numbering with the council, I should be able to keep using it and they're not able to just ask me to leave? Surely the people who have been using it until now need to leave as it's their mistake? FYI I'm not being really mean about this; although plot 2 is in better condition than plot 4 their use isn't really what you could call "they've been using it for the past year and it's in perfect condition". There aren't any plants growing bar a couple of strawbs.

Anyway - if anyone's able to offer any advice it'd be so, so greatly appreciated!

Regards

[bario1]

Welcome to the forum otbc!

You're quite right - your name is on the tenancy agreement, you have paid your fee... that plot is yours, anyone else who's been using it now has no right to it. Clearly they saw an opportunity to 'swap' when the plot became vacant, but if they never made it official then they'll have to stick with their alloted plot.

[otbc]

Welcome to the forum otbc!

You're quite right - your name is on the tenancy agreement, you have paid your fee... that plot is yours, anyone else who's been using it now has no right to it. Clearly they saw an opportunity to 'swap' when the plot became vacant, but if they never made it official then they'll have to stick with their alloted plot.

Thanks so much for the quick reply! The worry I have though is that the council have asked me to swap plots...Do you think they're just 'trying it on' to see if I'll move, to keep everyone semi-happy? I assume if I say no there's nothing they can do?

[veggiechicken]

Hi and welcome to the Vine.
Were you shown the plot when you took it on last month? If so, was the plot numbering right or wrong?

[Baldy]

I'm not a lawyer but if you've signed contracts and paid money I would be surprised if contract law was not on your side.
Try to be graceful in your refusal to accept the Councils proposal.

[bario1]

They've asked you - not told you. Put your foot down and say you want the plot you signed up for. Like you say, they're just trying to keep everyone happy, but if you're firm, they'll have to play by the book.

[otbc]

Hi and welcome to the Vine.
Were you shown the plot when you took it on last month? If so, was the plot numbering right or wrong?

We were given a map, at which point we said 'the map says plot 2 is here, but someone's put their own sign up saying plot 4 and the plot 2 sign is on the ground just inside the gate'. The allotments manager for the council came out, checked, said that it was in fact plot 2 (and that the plot 4 sign was wrong) and put a new peg in stating the plot number (2). The exact wording was "I can confirm you have identified the correct plot as #2, with the sign saying #2 behind the fence where someone has mis-labelled the plot as #4. I have removed the incorrect sign and put a new peg in with the correct number as confirmation"

My partner and I have done quite a bit of work on the plot over the past few weeks (including rebuilding the little shed building type thing on there and digging an awful lot of new areas!) so we really don't want to have all that hard work for nothing, especially after waiting for it to be confirmed that it was our plot!

[veggiechicken]

As the others have said, you should stay where you are and the squatters should go back to Plot 4 - if in fact they are the rightful tenants of that plot.

[geepee]

Seems you've got a lot on your side...I'd venture to say .....stick to your guns....sounds like the Council Allotment manager is in agreement with you Re the moving of numbers etc.....you have done the work on plot 2 in good faith, believing it is/was yours.......the 'Interlopers' clearly are trying it on.....!!
Good luck, I hope it goes well for you.
Gp

[otbc]

Seems you've got a lot on your side...I'd venture to say .....stick to your guns....sounds like the Council Allotment manager is in agreement with you Re the moving of numbers etc.....you have done the work on plot 2 in good faith, believing it is/was yours.......the 'Interlopers' clearly are trying it on.....!!
Good luck, I hope it goes well for you.
Gp

Thanks! The weird thing is it's the allotment manager who has now gotten back in touch with me to say 'we offered you the plot in good faith but I am sorry we now have to find an alternative plot given the confusion which has occurred, as the people who have been working the wrong plot for the past year have invested significant time and resources and would like to continue with this plot'!

[veggiechicken]

Has anyone been working Plot 4, do you know?
Have they offered you Plot 4 instead?
Just wondering whether someone has pushed them off that one?

[otbc]

Has anyone been working Plot 4, do you know?
Have they offered you Plot 4 instead?
Just wondering whether someone has pushed them off that one?

Nah, plot 4 is completely overgrown!
Weirdly they haven't; they've given me a list of other plots available and plot 4 isn't on that list! Unfortunately the only other plots on the site which are available are in really, really poor condition - untouched for several years condition!

[veggiechicken]

It would be "interesting" to know what Plot is on the squatter's tenancy agreement.

[Snadger]

Sounds like a stitch up to me!

[otbc]

Sounds like a stitch up to me!

I'll be honest, I'm not very happy about it! Especially as we found what seemed to be the perfect plot and did quite a bit of work on it and now, despite having everything signed etc they want to take it from us!