FOI request (FOI213899)
Allotment Tenant Rights
Requested Wed 10 May 2017
Responded Wed 10 May 2017
From an information request entitled "Allotment Eviction proceedings and warnings"
Dated 31 January 2011` 'Hastings Borough Council; kindly provided examples of terminations of tenancy for an allotment, one of which states:
"This notice is served in pursuance of Section 30 (2) of the Small Holdings and Allotment Act 1908…"
section 30 (1) of "the Small Holdings and Allotment Act 1908…" states:
"(1) The rent for an allotment let by a council in pursuance of this Act, and the possession of such an allotment in the case of any notice to quit, or failure to deliver up possession thereof as required by law, may be recovered by the council as landlords, in the like manner as in any other case of landlord and tenant."
This clearly confirms that in the event of property not being surrendered, following a notice to quit, the council must employ the same remedy "as in any other case of landlord and tenant". That would be to ultimately seek a court order, as in any other case.
And section (30) (3) of "the Small Holdings and Allotment Act 1908…" states: Upon the recovery of an allotment from any tenant, the court directing the recovery may stay delivery of possession until payment of the compensation (if any) due to the outgoing tenant has been made or secured to the satisfaction of the court.
This confirms that it is "the court directing the recovery."
My questions follow.
When a Notice to terminate is issued:
1. Are allotment tenancy holders made aware that the council does not have the authority to instruct bailiffs to enforce this notice you provided?
2. Are allotment tenancy holders made aware that the council do not have the authority to conduct an eviction without a court order?
3. Are allotment tenancy holders made aware that if they believe a notice to quit has been issued on them in error, that they are entitled to a court hearing to present their case?
4. If tenants are in fact informed of their basic rights, including those above, can you please indicate how these rights are conveyed?
5. As far back as records go, how many allotment evictions have been applied for in court by Hastings Borough Council?
6. As far back as records go, how many allotment evictions applied for in court by Hastings Borough Council were successful?
Freedom of Information is based on recorded information that is held by a local authority.
Q1 - Q4 Information not held - these are questions and not requests for recorded information.
Q5 - Zero
Q6 - Zero
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