IPB

Welcome Guest ( Log In | Register )

 
Reply to this topicStart new topic
> Annual Town Report
Simon Kirby
post Mar 26 2012, 05:36 PM
Post #1


Advanced Member
***

Group: Members
Posts: 6,326
Joined: 20-July 10
From: Wash Common
Member No.: 1,011



The Town Council have published their Annual Town Report, and once again my allotment dispute is mentioned.
QUOTE ("Julian Swift-Hook")
Last year we reported on the ongoing dispute with one of the Council’s allotment tenants. Regrettably, this dispute has still not been resolved, although we are hopeful of bringing matters to a conclusion in the next couple of months.

The resolution to this two-year dispute is easy: stop trying to evict me!

This is what my tenancy agreement says:
QUOTE ("Allotment Tenancy Agreement")
11(i) The Tenancy of the Allotment Garden may also be terminated by the Council by re-entry after one-month's notice if the rent is in arrears for not less than 30 days.

The Council's whole argument is founded on the premise that I am in arrears because I didn't pay the unlawful increase. OK, so: Rent is due 1 March, 30 days later the Council issue a one-month notice, and a month after that they re-enter. Game over. So if what the Council claim is right, that I am indeed in arrears, then they should have made good the eviction of 1 May 2010, almost two years ago. So why didn't they do that then?

Just so you know (and no sniggering at the back there xjay), peacable re-entry is an ancient common-law right of the landlord to evict a tenant simply by walking around on the premises - that's all it takes, no forms, no fuss, no cost, just have a walk about. The Allotments Acts and Tenancy Agreement allow it, so why did the Council prevaricate?

I'm guessing that the intervention of Trading Standards may have had something to do with it. Like they said,
QUOTE ("Trading Standards")
I spoke to our legal representative yesterday and she is of the opinion that the 'rent review term' in the old agreement was itself not unfair, what made it unfair was the lack of ability to withdraw from the contract without penalty, ie you had to give 12 months notice and pay the higher price in the meantime.

The problem with re-entry when you don't actually have the lawful justification is that it's trespass. The Council should have admitted that they were in error as soon as they discovered the problem and who would have thought any the worse of them, but stuck in a hole they tried to dig themselves out. There's still only one way to resolve the dispute - stop trying to evict me!


--------------------
Right an injustice - give Simon Kirby his allotment back!
Go to the top of the page
 
+Quote Post
badmummajamma
post Mar 27 2012, 08:33 AM
Post #2


Advanced Member
***

Group: Members
Posts: 53
Joined: 13-May 09
Member No.: 25



Keep fighting the good fight Simon!
Go to the top of the page
 
+Quote Post
Simon Kirby
post Mar 27 2012, 09:51 AM
Post #3


Advanced Member
***

Group: Members
Posts: 6,326
Joined: 20-July 10
From: Wash Common
Member No.: 1,011



QUOTE (badmummajamma @ Mar 27 2012, 09:33 AM) *
Keep fighting the good fight Simon!

Cheers BMJ, I appreciate the support. Of course I'm more than happy to stop fighting if someone from the Council will talk to me about ending this nonsense, but trying to evict me was never going to be a win-win strategy.


--------------------
Right an injustice - give Simon Kirby his allotment back!
Go to the top of the page
 
+Quote Post
Guest_xjay1337_*
post Mar 27 2012, 11:21 AM
Post #4





Guests






QUOTE (Simon Kirby @ Mar 26 2012, 06:36 PM) *
peacable re-entry


laugh.gif
Like an alien, I suppose he comes in peace.
Although many hours of hard work will go into fighting your case. I hope that you will become victorious in the end.

Many a red faced politician will no doubt have to answer for something in the future; although perhaps not immediately so. Things have a way of sorting themselves out so I hear.
Go to the top of the page
 
+Quote Post
Rosewinelover
post Mar 27 2012, 12:01 PM
Post #5


Advanced Member
***

Group: Members
Posts: 444
Joined: 25-June 10
From: Newbury
Member No.: 966



Is this seriously still going on after all this time.....!!!

One of you will have to give up in the end. wink.gif

Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
2 User(s) are reading this topic (2 Guests and 0 Anonymous Users)
0 Members:

 

Lo-Fi Version Time is now: 21st June 2018 - 05:42 PM