Allotment rights

whatsupthefrog

not sure where this should be, hope this is ok.

My father in law has owned an allotment for 20 years and his landlord sold on the land and now are building a water plant and he is losing 1/3 of his allotment. Can they do this or do you have any rights when owning an allotment?

epz_2

not sure what your saying here, if you have a landlord then you cant own something.

assuming he was just renting for 20 years then i know in scotland there are i know theres stuff like the right to buy, where if you rent for a long time you get 1st dibs etc.

bionic_banjo

Hi,
From what you say your Father in law didnt own the land but rented it? So he was a leaseholder or licensee of some type. If he had the land fenced off to himself exclusively and paid a regular fee per year or per month then he was a leaseholder (even if there was no 'paper' lease). If he did not have exclusive possession (& shared the allotment with others) or did not pay a periodic fee etc, then he would have been a licensee - there by permission.
Permissions can be withdrawn with immeidate effect, but leases are different.

If his landlord was the Council - then the Allotment would have been under the provisions of the Small holdings and allotment act 1908 and here the mechanism for ending the tenancy can only be done in a fixed way using Magistrates.

If the Landlord was 'private' and not a council - then they should have given formal written notice to your Father in law to terminate the lease of the part of land he is losing before the new owner came. If your Father in law pays monthly - then at least a months notice would have been required - if annually, then at least a years notice.

Now you say that the original landlord sold the land on and then the problems started I will assume all the allotment was sold and not part. Did your Father in law pay rent to the new owners? If yes then the above notice provisions still apply as your father in law will have established what is known as a periodic tenancy with the new owner. However, if the land was sold and your Father in law never paid any rent nor was asked for any rent by the new owners then his occupation of the land automatically passes as an interest in the land to the new owner under the Law of Property Act 1925 - and he could be seen as having an equitable interest in the property (if he registeres an interest on the title) - and the buyers should 'pay him off' if they want to use the land he occupies.

If your Father in law is really upset he could instruct solicitors and get the matter looked at. They can register an equitable interest for him and maybe obtain compensation for his loss. He would only potenatially get compensation for damage to his property interest - pound notes rather than loadsamoney. Alternatively he should approach Citizens advice and see if he can maybe do the legals himself. Its difficult but not insurmountable. Just registering an equitable charge will protect him.

Hopes this helps - a complex area! PS this is English Law - Scots law I have no idea!

whatsupthefrog

wow thanks bionic! so if he was licensee he is not really entitled to anything?

bionic_banjo

If he was a licensee and the landlord 'licensor' asked him to leave before selling the land - then your father in law would have to leave, with nothing
i'm afraid.

There are only two interests that individuals can hold in land in England - freehold - when you own it, or leasehold - when you have a lease. A licensee merely has a permission to use property and they have no rights over the property. But a property owner can easily inadvertently grant a lease when he only means it to be a licence if he is not careful.

Its all about having exclusive possession of a property, with a regular rent, and a certain term. (if you pay every year - then the term is a year). If all 3 elements are present, then a lease has come into existence - whether it is written formally or not.;)