Chickens & s.12 Allotments Act 1950

Yorkie1

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?

lincroft1710

Yorkie1 wrote: »

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?

Although I have some experience of Acts of Parliament and Statutory Instruments, I am no expert, but I read it as the keeping of chickens and rabbits may be allowed, but (as this is the Allotment Act) it probably refers to use of allotments for such purposes rather than back gardens.

However if the neighbours complained you wouldn't be allowed to keep them.

Yorkie1

Thanks for your thoughts. The Act's preamble / purpose is "An Act to amend the law relating to allotments and to abolish restrictions on the keeping of hens and rabbits". It doesn't state that it is an Act to amend the law and abolish restrictions ... on allotments.

Sections 1 - 11 have a specific heading called "allotments", and s.12's heading is totally separate and called "abolition of contractual restrictions on keeping hens and rabbits". Given this particular distinction, and the fact that ss.1-11 specifically relate to "allotment gardens" whilst s.12 specifically states "any land", my thought process was that the s.12 abolition was far wider than allotment gardens; the effect of s.12 thus being that only statutory prohibitions such as environmental issues (e.g. noise or other pollution) could prevent the keeping of said livestock.

Oh well, an interesting conundrum if nothing else :-)

Geenie

It's all Greek to me! Don't you just love legal jargon.

I am sure it keeps the legal boffs in good money because no one apart from them understands a word, and we have to pay them good money to understand it...not that we really do, and so it goes on! Aside from keeping chickens on an allotment, doesn't Jonathon Ross keep sheep in his garden in the middle of London?!


Good luck OP and keep us posted.

MrsE_2

I've often wondered the legalities of keeping them in normal gardens where you are side by side with your neighbour, noise, smell, dirt whatever.

I think someone not too far from me has some, as I hear a cockrel some mornings.

I would have a garden full of cats if I got chickens!

G_M

Yorkie1 wrote: »

Thanks for your thoughts. The Act's preamble / purpose is "An Act to amend the law relating to allotments and to abolish restrictions on the keeping of hens and rabbits". It doesn't state that it is an Act to amend the law and abolish restrictions ... on allotments.

Sections 1 - 11 have a specific heading called "allotments", and s.12's heading is totally separate and called "abolition of contractual restrictions on keeping hens and rabbits". Given this particular distinction, and the fact that ss.1-11 specifically relate to "allotment gardens" whilst s.12 specifically states "any land", my thought process was that the s.12 abolition was far wider than allotment gardens; the effect of s.12 thus being that only statutory prohibitions such as environmental issues (e.g. noise or other pollution) could prevent the keeping of said livestock.

Oh well, an interesting conundrum if nothing else :-)

Not an area I'm familiar with, and not interesting enough to read thoroughly, but you seem to have answered your own question. The preamble, you say, reads: "An Act to amend the law relating to allotments and ...."

Seems pretty clear the Act relates to allotments, not private property.

mustrum_ridcully

G_M wrote: »

Not an area I'm familiar with, and not interesting enough to read thoroughly, but you seem to have answered your own question. The preamble, you say, reads: "An Act to amend the law relating to allotments and ...."

Seems pretty clear the Act relates to allotments, not private property.

Nope I don't think so (even though I did at first)... step back and look at what the sentence actually says...

"An Act to amend the law relating to allotments and to abolish restrictions on the keeping of hens and rabbits."

That "and" means the Act of Parliament has two purposes: (1) amend law relating to allotments, (2) abolish restrictions on the keeping of hens and rabbits.

If the abolition of restrictions was only for allotments then that sentence would read "An Act to amend the law relating to allotments" as it specifies exactly what the Act will deal with.

The fact that it's in a separate section within in the Act (and at no time mentions allotment but rather Land) also makes it fairly clear that this piece of legislation doesn't just apply to allotments.

Morglin

Yorkie1 wrote: »

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?

My first council tenancy (1976) actually had it written in that I could keep chickens and rabbits. I think it must have been something left over from the war years, and the fact that townies were encouraged to do so, at that time.

Newer tenancy agreements haven't got this, although it seems that chicken keeping is on the increase anyway.

My parent's Romanian neighbours (in a private let) have loads of chickens, and a cockerel. It's not much of an issue really, although the cockerel is a noisy buggar lol

Mum and Dad get loads of fresh eggs though, as the neighbours are very generous.

I'm not sure what law would overide what though.

Lin

mustrum_ridcully

Morglin wrote: »

My first council tenancy (1976) actually had it written in that I could keep chickens and rabbits. I think it must have been something left over from the war years, and the fact that townies were encouraged to do so, at that time.

Newer tenancy agreements haven't got this, although it seems that chicken keeping is on the increase anyway.

My parent's Romanian neighbours (in a private let) have loads of chickens, and a cockerel. It's not much of an issue really, although the cockerel is a noisy buggar lol

Mum and Dad get loads of fresh eggs though, as the neighbours are very generous.

I'm not sure what law would overide what though.

Lin

The only thing that could override the Act is another Act of Parliament (if you look at the Act part of s.12 has repealed by the Statute Law (Repeals) Act 1973) or an EU directive. Other than that nothing can take away a right given to you in law.

tyllwyd

I googled it, and came across similar discussions elsewhere. The general consensus seems to be that s.12 is still in force and does apply to gardens generally, not just to allotments.

Yorkie1

Thanks all for contributions - will pass the thoughts on to others I know who it does affect (I have no particular desire to have chickens myself!)