Chickens & s.12 Allotments Act 1950

theartfullodger

Agree with most of the above: My view is that in Engerland anyone renting a place can keep bunnies & chickens, regardless of what the tenancy says... and I suspect could probably make a case for keeping them in a flat....

'twould be nice to see a test case.....

Note also OFT356
http://www.oft.gov.uk/OFTwork/publications/publication-categories/guidance/unfair-terms-consumer/oft356

on pets...

Against keeping any pets.

Our objection is to blanket exclusions of
pets without consideration of all the
circumstances. Such a term has been
considered unfair under comparable
legislation in another EU member state
because it could prevent a tenant keeping a
goldfish. We are unlikely to object to a term
prohibiting the keeping of pets that could
harm the property, affect subsequent
tenants or be a nuisance to other residents.

with suggested fair wording of...

[ The tenant must not] allow others
to keep any birds or animals at the
property (other than in secure cages
or container) without the consent of
the landlord such consent not to be
unreasonably withheld, delayed or
withdrawn.

Cheers!

Artful

PS But, expect foxes!!

PPS I use the examples of one well-behaved stick-inspect vs. 3 incontinent Rotties with personality disorders... Give me bunnies any day!

highlandlass69

Does anyone know if this act stands in Scotland? Our housing associations. says we're not allowed chickens, but if this stands in scotland I can produce this for them. I've tried to Google it but can't find the answer.:(

jozbo

I am aware of this act as I keep house bunnies. As I've been told,it overrides tenancy and leaseholder agreesments

Yorkie1

highlandlass69 wrote: »

Does anyone know if this act stands in Scotland? Our housing associations. says we're not allowed chickens, but if this stands in scotland I can produce this for them. I've tried to Google it but can't find the answer.:(

No, it only applies in England & Wales, and I cannot find any corresponding provision in the Allotments (Scotland) Act 1950 unfortunately.

highlandlass69

Yorkie1 wrote: »

No, it only applies in England & Wales, and I cannot find any corresponding provision in the Allotments (Scotland) Act 1950 unfortunately.

I thought as much, just my luck. We have a massive garden for a housing associations house and live in a very rural area just perfect for hens and a run.

Thank you for taking the time to look and reply.

jamesd

Since I just looked into this for another post, this reply may be of use here, since it explains the limitations involved:

For this to apply it must be an allotment in England or Wales covered by the Allotments Act 1950 that, if an allotment (definition specified here) garden, is mainly used for the production of fruit and vegetables (Thorpe Report, page 22, paragraph 54):

"in order to be an allotment garden ... a piece of land must fulfil at least five conditions:--

(i) it must be an allotment;
(ii) it must be 40 poles or less in extent;
(iii) it must be used wholly or mainly for the production of vegetables and fruit for home consumption;
(iv) it must not be used for trade or business; and
(v) it must not be used for the keeping of pigs, or any form of livestock except hens and rabbits."

It must also not be prohibited by a local bye-law.

Few landlords are going to be willing to allow a tenant to damage their normal garden to convert it to use primarily for producing fruit and vegetables and a tenancy agreement produced by someone who knows this may well explicitly prohibit such use and thereby also indirectly prohibit the keeping of chickens.

That's also irrelevant in practice because under an AST a landlord can either refuse to let the property or serve notice to quit with appropriate notice when the fixed term part of the tenancy ends or later with approximately two months notice if it becomes a statutory periodic tenancy.

theartfullodger

Yes, but clause 12 says..

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

which means not just "allotment gardens"..

As I suggested earlier, it needs a test case. And not all tenacies are ASTs. They might be Rent Act, Secure, Assured.. for all of which S21 doesn't apply..

Cheers!

jjlandlord

Thanks artful.
Indeed right to keep hens and rabbits is in regards to any land, not just allotment (though section is in Allotment Act, indeed)

jamesd

theartfullodger wrote: »

which means not just "allotment gardens"..

Please read the link to the Thorpe Report and the rest of paragraph 54 of that report which contradicts that claim, specifying that:

"Since 1950 the occupier of an allotment garden has ... been permitted to keep hens or rabbits on his land" .. and then moves on to give the specific requirements that I quoted.

theartfullodger

jamesd wrote: »

All of this is really moot for any prospective tenant because the prospective landlord will refuse to let or will give notice as soon as they find out. .

Sigh!!!

As indicated earlier...

And not all tenancies are ASTs. They might be Rent Act, Secure, Assured.. for all of which S21 doesn't apply..

and (eg) no Judge is going to grant a possession order for a secure or assured tenancy where the landlord's only eviction grounds are that tenant kept a couple of hens...