Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Yorkie1
    • By Yorkie1 5th Jan 11, 10:16 PM
    • 11,057Posts
    • 20,846Thanks
    Yorkie1
    Chickens & s.12 Allotments Act 1950
    • #1
    • 5th Jan 11, 10:16 PM
    Chickens & s.12 Allotments Act 1950 5th Jan 11 at 10:16 PM
    This is a general question regarding the keeping of chickens / hens (not cockerels) in a garden (I don't have this particular problem myself).

    S.12 of the 1950 Allotments Act states:

    (1) Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:
    Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.


    My thoughts about this is that it overrides any clause in a domestic tenancy etc (e.g. for a HA tenant) which forbids outright the keeping of hens.

    If you look at the Act, this section is deliberately separated from the sections relating to allotments and therefore my view would be that it relates to any occupier of any land - not just to allotments.

    What are others' opinions or thoughts?
Page 3
    • Yorkie1
    • By Yorkie1 12th Jan 17, 7:03 PM
    • 11,057 Posts
    • 20,846 Thanks
    Yorkie1
    Doesn't really matter.

    "Provided that nothing in this subsection shall authorise any
    hens or rabbits to be kept in such a place or in such a manner as
    to be prejudicial to health or a nuisance or affect the operation
    of any enactment"

    The second someone complains about noise or smell they are a nuisance and the act cant help you anymore.
    .
    Originally posted by martinsurrey
    At law, there would need to be much more than that.

    The Act allows hens, so as long as you keep a couple of them in a proper coop at the end of the garden it would be near impossible for a court to deem this a nuisance or risk to health.
    Essentially, you would have to be unreasonable in some way to have problems.
    Originally posted by Miss Samantha

    I've known a few domestic chicken keepers who had a neighbour that made complaints to the local council (environmental health) about the fact they kept chickens. EH came out and backed up the chicken keeper each time, as the birds were being kept in safe, sanitary conditions that did not breach the threshold of causing a statutory nuisance.


    Miss Samantha is correct; in law, a few complaints - without there actually being a statutory nuisance - will not suffice.
    • Bryando
    • By Bryando 14th Mar 17, 11:27 AM
    • 1,437 Posts
    • 420 Thanks
    Bryando
    I was offered an allotment in Scotland but discovered they don't allow chickens on it. I thought legally I could?
    • Miss Samantha
    • By Miss Samantha 14th Mar 17, 11:34 AM
    • 1,177 Posts
    • 1,122 Thanks
    Miss Samantha
    Legislation.gov.uk says that the Allotment Act 1950 only applies to England and Wales.
    • davidmcn
    • By davidmcn 14th Mar 17, 12:01 PM
    • 5,414 Posts
    • 5,115 Thanks
    davidmcn
    I was offered an allotment in Scotland but discovered they don't allow chickens on it. I thought legally I could?
    Originally posted by Bryando
    See post #15.
    • Bryando
    • By Bryando 17th Mar 17, 2:48 PM
    • 1,437 Posts
    • 420 Thanks
    Bryando
    My tenancy agreement says i need permission for a DOMESTIC pet. A chicken is not a domestic pet as the council confirm. So I could get them and would not be in breach. Nothing in the contract to breach! The council could only take them away if they caused annoyance. Which is fine. So pretty confident I will be fine! Housing Officer not happy right enough but tough!
    • Miss Samantha
    • By Miss Samantha 17th Mar 17, 2:57 PM
    • 1,177 Posts
    • 1,122 Thanks
    Miss Samantha
    Ah, so your lease does not state 'no chickens' but 'no domestic pets'... I always like when people ask questions without sticking to facts.
    • TheGardener
    • By TheGardener 17th Mar 17, 5:39 PM
    • 2,055 Posts
    • 1,947 Thanks
    TheGardener
    Still waiting for Miss Samantha to get a test case into court on this one ...
    • Miss Samantha
    • By Miss Samantha 17th Mar 17, 11:26 PM
    • 1,177 Posts
    • 1,122 Thanks
    Miss Samantha
    Still waiting for Miss Samantha to get a test case into court on this one ...
    Originally posted by TheGardener
    Test case on what?
    • Bryando
    • By Bryando 18th Mar 17, 2:12 PM
    • 1,437 Posts
    • 420 Thanks
    Bryando
    Ah, so your lease does not state 'no chickens' but 'no domestic pets'... I always like when people ask questions without sticking to facts.
    Originally posted by Miss Samantha
    What you rambling about now?
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

819Posts Today

7,144Users online

Martin's Twitter
  • Byebye! I'm about to stop work & twitter, to instead spend glorious time with Mrs & mini MSE. Wishing u a lovely summer. See u in 10 days.

  • WARNING Did you start Uni in or after 2012? The interest's rising to 6.1%; yet it doesnt work like you think. See https://t.co/IQ8f0Vyetu RT

  • RT @JanaBeee: @MartinSLewis Boris is the anomaly (coffee), the others are versions of normal (beer). Lots of same candidates = vote share d?

  • Follow Martin