Allotment gardens are recognised by local authorities as valuable community assets. Their use boosts health and wellbeing and creates sustainable growing spaces and biodiverse environments.  

However, local authorities may find they do not have the resources to directly manage allotments day to day and that arrangements are out of date.  

Many aspects of allotment leases are governed by ordinary landlord and tenant law. This means that local authorities have room to agree structures with tenants for self-management.  

Allotment Law is contained in several Acts, while allotment leases are governed by ordinary landlord and tenant law. There are several key points as follows:  

Duty to provide allotments - There is a general duty on local authorities to provide and let allotments where there is demand for these in the community in Section 23 of the Small Holdings and Allotments Act 1908. This is not an absolute obligation if the costs are prohibitive or suitable land is not available.  

Allotment lease terms - The letting of allotment land is generally covered by ordinary landlord and tenant law, rather than by statute, so the terms of allotment leases are a matter for agreement between the Council and the allotment users. However, there are some relevant statutory provisions to be aware of:

• Rent - The maximum amount of rent which can be charged for an allotment garden tenancy is such rent “as a tenant may reasonably be expected to pay for the land if let for such use on the terms (other than the terms as to rent) on which it is in fact let” (section 10(1), Allotments Act 1950). This obscure phrase was applied by a court in 1981 to refuse a council permission to raise its rent from 30p a rod to £1 a rod. In practice, rents for allotment gardens are low, ranging from around £1 to £50 per year per plot. 
• Termination – Under s.1(1) of the Allotments Act 1922 and s.1(1) of the Allotments Act 1950, the tenancy of an allotment garden can be terminated only by: 
  • the landlord giving the tenant a notice to quit of at least 12 months expiring on or before 6 April or on or after 29 September in any year. This overrides any different contractual provisions contained in the Lease; 
  • the tenant giving the landlord notice to quit. No specific period is laid down by statute, but it is sensible for the statutory provision in (i) to be applied to the tenant’s notice; 
  • re-entry in accordance with a power in the tenancy agreement where the land is required for another purpose. This provision does not usually appear in a tenancy agreement for an allotment garden; 
  • re-entry for non-payment of rent or breach of any term of the agreement, or where the tenant becomes bankrupt or compounds with his creditors; 
  • one month’s notice to quit if the rent is in arrears for at least 40 days, or the tenant is not observing the rules relating to the allotment (if any), or the tenant goes to reside more than one mile outside the parish or district for which the allotments are provided. 

Compensation – there are complex statutory provisions around compensation to allotment tenants following termination.

Management - There are no statutory provisions regarding how allotments should be managed, and local authorities can choose to manage themselves or encourage self - management of allotments by an Allotment Association. 

Conclusion 

Local authorities must have regard to the overall duty to provide allotments and comply with legislation dealing with the termination and compensation of allotment leases. However, whilst the duty to provide may include facilitating allotment lettings, there is room for local authorities to agree full self-management by Allotment Associations under the terms of allotment leases. 

Allotment leases which are out of date or need to be restructured can if necessary be terminated and re-granted on new terms.  

Capsticks’ view 

Allotment tenants can be encouraged to establish an Allotment Association, which would be responsible for the day to day management of the allotments, including the collection of rents, water, fencing and disputes.  

Support can be given to an Allotment Association for it to establish its own Committee with Chairman, Treasurer and Secretary and formulate its own constitution, using standard form documents.  

Leases can also include terms requiring Associations and tenants to use and promote sustainable gardening methods and encourage biodiversity.  

A Lease to an Allotment Association which contains the right management provisions can allow local authority landlords to step away from day to day management whilst still fulfilling statutory duties and local policy objectives. 

How Capsticks can help 

Our Local Government experts can review existing allotment arrangements and provide support on how to align these with local policy.  

If you have any queries around what's discussed in this insight, and the impact on your organisation, please speak to Vicky O’Sullivan or Vicki Moore to find out more about how Capsticks can help.