Landlord taken away allotments

bluetint

Can anyone help? I live in a flat (for over twenty years), part of a large old house, and share grounds with other tenants.
LL has taken away our vegetable allotments at the bottom of the (large) garden, in spite of protests, and given them away to random members of the public, for free, thereby rendering garden open to free public access, a worry with the children, and privacy was one of the prime reasons I took the tenancy all those years ago.
Their reasoning being to ‘tidy up’ the area (though they’ve never shown much of an interest before-new management) and they considered turfing it. True, the allotments were overgrown (lovely wild flowers) and not well used as veg plots (not helped by the LL disabling the water supply some years ago), but they’re not close to or overlooked by anyone and we do use them a great deal for other things.
You may gather I’m not too pleased about it. Principally, it’s the privacy and peace and quiet, but the kids old den (which they ripped out in front of me along with my potatoes and rose cuttings, though I managed to save my fruit bushes from the digger).
Thing is, it doesn't actually say in my tenancy agreement anything about these allotments. When I first moved in I was shown which bit was mine and always believed that my rent included it. It wasn't mentioned it could be taken away at any time. It does say, however, that my part of the shared garden is the lower lawn over which is access to said allotments. And the bit about: ‘the Tenant shall quietly enjoy the
said premises’ etc.
I made my protests clear to LL in writing months ago but no reply so far.
Now we have complete strangers tramping through our garden and the treatment from LL is depressing - I want to leave but I know this would be foolish.
I’m wondering if I have any ‘teeth’ at all or do I really just have to put up and shut up?
Grateful for any suggestions or advice, even just a ‘there, there’.

mightymouse

Hi and Good Morning bluetint

A bit messy but you may nave answered your own question in the first line of your question?

When exectly did your tenancy start(dates etc are important) and why did landlord give land away to individuals (presumably named and in writing else not completed!) is he mentally unstable?

He did not give access to public just individuals if in writing but back to your first line ie you have used allottments for 20 years and could be included in rights under the Tenancy.

Tread carefully but take some free professional advice from a Solicitor.

bluetint

Good morning Mightymouse and thanks for your input. Tenancy started a few years before the rules were changed in 1989 (?) more in favour of landlords so I think I count as a ‘sitting tenant’. The giving away of our allotments (to strangers for free) was done from this Spring, the argument being we tenants didn’t use them (which has never bothered them before and is anyway not entirely true, see my first post) and to ‘tidy up’ – (just hope they don’t learn I have a spare bedroom). No warning and LL didn’t complain to us about the state of the plots (a couple hadn’t been used for decades so it was lovely and wild in parts – you know – the countryside!) or give us a chance to do anything about it. You’d think LL would have informed or forewarned me just out of courtesy and, yes, (you said: ‘He did not give access to public just individuals if in writing’) all done in writing I’m sure and it’s nothing personal but they’re still strangers to me. LL has ignored my request for names so’s I know who to expect while I’m having a quiet (but private no longer) read/sunbathe or the kids are out playing. They could be anyone if you know what I mean. Don’t think LL (new-ish lettings manager) is mentally unstable, that might be excusable, just arrogant, ignorant and b***** rude and offensive at times. They’re a big local firm and own lots of property around here. You’d think I wasn’t giving them wads in rent every month (on time every time!). The loss of the plots is upsetting (and the way it was done) but it’s more the loss of privacy, these people come at all hours – who’d like people strolling through when you’re having a barbie, in your bikini or just trying to enjoy some peace and quiet in your own garden? I wouldn’t have taken the tenancy if this had actually been in the agreement. I’m hoping someone on this site, legally clued up, can give me some hope at least. By the way, what 'free professional advise'? Can you do that?

pickles110564

I would go straight to the CAB they will probably been through issues like this before. If not they will certainly have contact with solictors who are up to date with the tenancy laws.The way you write is that you have enjoyed living here but if you are getting starngers in the garden near to your children perhaps,even though it will be very hard for you, it may be time to move on and who knows you might find somewhere perfect for you.
If you want to stay tread very carefully because they might make living there difficult if you take things further

mightymouse

Hi bluetint

Thanks for your reply.

To answer your last bit first my experience is that a Solicitor would give 1/2 hour or so to run through the problem with you.

I agree re housing act etc and calling to see the Cab is also a good idea.

You could check with land registry to see who now owns the land supposedly given away although giving the land away does not really fit.

It may be that the intention is to seperate the land from the Tenants but It seems that between the Tenants is where the land so you do need advice.

There are one or two experts monitoring who may be able to be more positive about the action you should take.

good luck

mightymouse

sorry I think I was rushing, between the tenants is where the land belongs and also your quiet enjoyment of the property is affected.

olly300

bluetint as a sitting tenant you can be quite bloody minded and the landlord would find it very hard to evict you. http://england.shelter.org.uk/advice/advice-2936.cfm

I can't work out from your posts whether you were informed in writing that the LL would be renting out parts of the garden to individuals who didn't live in the block of flats or used by his family. If not you are quite free to stop any person coming into the garden and either ask them what they are doing in the garden or inform the local police of an individual acting suspiciously in a place with children around with a full description.

In addition if you were original given a plot in your tenancy agreement which is being trampled on you will be able to take action to enforce your rights. Go and see a solicitor like mightymouse said.

bluetint

Clarification: LL has taken plots away from us tenants and given them (for free, i.e. no rent, though not to keep) to individuals, who are not tenants, are not related to LL and who do not live here. This means they have to pass through my private garden to get to said plots. I got no written warning from LL and LL ignores all letters I send to them about it. As I was saying to Olly300, I did investigate the squatting laws, if LL is trying to say the plots were not included in tenancy agreement after all then I've used mine for over twenty years rent-free and uncontested - that means it's mine now, doesn't it?! Wahay! (Simplistic I know but only tongue in cheek).

bluetint

Pickles - thanks, (I will go to CAB) but I won't be chased out of my home of twenty five years by a few counter-jumpers, I have a strong, old-fashioned tenancy here (not to be sneezed at) - and if you could see the place you wouldn't move either, we're very lucky.

'...they might make living there difficult if you take things further...'

Bring it on!

Gold_Shogun

Bluetint :-

If you are a pre-1989 "Regulated" Tenant, your rights are MUCH stronger than the later "Assured Shorthold Tenancy" rights, and your landlord will find it extremely difficult to evict you for anything other than severe rent arrears.

Also, I would "guess" that you may well be paying considerably less (as a "Regulated Tenant") than the current market value of the rent would otherwise be.

Also, as a "Regulated Tenant" you also have the right to pass on (upon your death) the Tenancy to family in certain circumstances, which is not the case with an AST.

Therefore, there seems to me to be at least a distinct possibility that these actions MAY be the start of a distinct campaign by the "New Management" to "Encourage" you & any other Regulated Tenants to "move on" so that they can release the full potential of the property for selling/renting purposes (which is CONSIDERABLY less when "Regulated Sitting Tenants" are in possession).

I would certainly advise you to seek CAB or Legal advice on the basis that (as far as YOU are concerned) that allotment & garden ground has ALWAYS formed "an Inseparable and Essential Part" of YOUR Tenancy.

RAS

The other possibility is that the new managment have considered the possibility of selling off the allotents as a building plot.

You need advice and I would sugest your fellow tenants need to get it together to.