Allotment Dispute Options

[Simon Kirby]

The Town Council have issued a press-release about my dispute with them. I would be grateful if you would read it and comment.

[massifheed]

Well, whatever happens, they appear to have given you notice which is completely in accordance with the contract, so I don't know how you'd fight that.

I do think the wording of the press release is a little surprising. I'm not sure that there is much to take offence at, and they haven'y named you. But it smacks of a council department fed up with the carry on, so they've given up making things sound "frilly", and put it in plain English.

It would have been interesting for it to have gone to court. I know that would have potentially meant a lot of stress for you, but it would be good to get a proper judgement on it, rather than the council choosing to take a different route.

It sounds like you have a fair sized plot. Would you consider caving and just paying the increase or, with the apparent notice served, is that not even an option anymore and you have to leave?

[Simon Kirby]

Well, whatever happens, they appear to have given you notice which is completely in accordance with the contract, so I don't know how you'd fight that.

Indeed. The Council have withdrawn my eviction for rent arrears because the consumer protection rights that I asserted made the arrears unenforceable. However, they have given me notice to quit which is a completely seperate mechanism of bringing the tenancy to an end and requires no fault on my part. It would be possible to overturn the decision with a judicial review on the grounds of unreasonableness but I can't afford to take that action and I don't believe I can make a public law defence in a county court possession application.

It would have been interesting for it to have gone to court. I know that would have potentially meant a lot of stress for you, but it would be good to get a proper judgement on it, rather than the council choosing to take a different route.

I gave the Council a final Letter Before Action on Monday. I have again been billed for the increased rent and so if the Council do not concede the unenforceability of the increase by close of play Friday I will commence court action myself without any further delay. It won't defeat the Notice to Quit, but it will lay bare the true reason for the notice, and I will then have grounds to apply to the court for relief.

I have also renewed my complaint to Trading Standards. TS declined to take any action as the Town Council had purported to have terminated my tenancy, but the Council have acknowledged that the agreement remains in place and as the Council continue to enforce an unfair contract term it is the duty of Trading Standards to take enforcement action.

It sounds like you have a fair sized plot. Would you consider caving and just paying the increase or, with the apparent notice served, is that not even an option anymore and you have to leave?

I've not been offered the option, but it is not my intention to waive my consumer rights or be intimidated into silence.