Allotments Act 1950
| Jurisdiction | UK Non-devolved |
| Citation | 1950 c. 31 |
| Year | 1950 |
Allotments Act , 1950
(14 Geo. 6) CHAPTER 31
An Act to amend the law relating to allotments and to abolish restrictions on the keeping of hens and rabbits.
[26th October 1950]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Allotments
1 Extension of length of notices to quit allotment gardens.
(1) Paragraph (a of section one of the Allotments Act, 1922 (which specifies, as the only kind of notice to quit to quit that may be given by a landlord in respect of land let on a tenancy for use by the tenant as an allotment garden or let to a local authority or association for the purpose of being sublet for such use, a six months' or longer notice expiring on or before the sixth day of April or on or after the twenty-ninth day of September in any year) shall have effect with the substitution, for the reference to six months, of a reference to twelve months.
(2) This section shall not affect the operation of a notice to quit given before the passing of this Act.
2 Cesser of restrictions on right of tenant of an allotment garden to compensation for crops and manure.
(1) For subsection (2) of section two of the Allotments Act, 1922 (which restricts the right conferred by that section on the tenant of an allotment garden to recover compensation from his landlord on the termination of the tenancy to a case where the tenancy is terminated by the landlord and is so terminated between the sixth day of April and the twenty-ninth day of September or by re-entry at any time under paragraph (b ), (c ) or (d of section one of that Act) there shall be substituted the following subsection:—
(2) Subject to the provisions of this section, compensation shall be recoverable under this section only if the tenancy is terminated by the landlord by notice to quit or by re-entry under paragraph (b ), (c ) or (d ) of subsection (1) of the last preceding section’.
(2) This section shall not have effect in relation to a tenancy terminated by virtue of a notice to quit given before the passing of this Act.
3 Compensation to tenant of an allotment garden for disturbance.
(1) Where a tenancy under which land let, whether before or after the passing of this Act, for use by the tenant as an allotment garden or to a local authority or association for the purpose of being sub-let for such use is terminated, as to the whole or any part of the land comprised in the tenancy—
(a ) by re-entry under paragraph (b ), (c ) or (d ) of subsection (1) of section one of the Allotments Act, 1922; or
(b ) where the landlord is himself a tenant, by the termination of his tenancy; or
(c ) where the landlord is a local authority who have let the land under section ten of the Allotments Act, 1922, by the termination of the right of occupation of the authority;
the tenant shall, notwithstanding any agreement to the contrary, be entitled, on quitting the land or that part thereof, as the case may be, to recover from the landlord compensation for the disturbance of an amount determined in accordance with subsection (2) of this section.
(2) The amount of any compensation recoverable under this section shall be—
(a ) where the tenancy terminates as to the whole of the land, an amount equal to one year's rent of the land at the rate at which rent was payable immediately before the termination of the tenancy;
(b ) where the tenancy terminates as to part of the land, an amount bearing to the amount mentioned in the foregoing paragraph the same proportion that the area of that part bears to the area of the whole of the land.
(3) Compensation under this section shall be in addition to any compensation to which the tenant may be entitled under the Allotments Act, 1922.
(4) Subsection (2) of section four of the Allotments Act, 1922 (which enables the tenant of an allotment garden to recover compensation from a mortgagee who deprives him of possession) shall apply to compensation under this section as it applies to compensation under that Act.
(5) This section shall not have effect in relation to a tenancy which has terminated before the date of the passing of this Act or terminates after that date in consequence of a notice given or of legal proceedings commenced before that date.
4 Right of landlord of an allotment garden to compensation for deterioration.
(1) Where the tenant of land let, whether before or after the passing of this Act, on a tenancy for use by the tenant as an allotment garden quits the land on the termination of the tenancy, the landlord shall, notwithstanding any agreement to the contrary, be entitled to recover from the tenant compensation in respect of any deterioration of the land caused by failure of the tenant to maintain it clean and in a good state of cultivation and fertility.
(2) The amount of any compensation recoverable under this section shall be the cost, as at the date of the tenant's quitting the land, of making good the deterioration.
(3) Where the tenant of land let on a tenancy for use by him as an allotment garden has remained therein during two or more tenancies, his landlord shall not be deprived of his right to compensation under this section in respect of deterioration of the land by reason only that the tenancy during which an act or omission occurred which in whole or in part caused the deterioration was a tenancy other than the tenancy at the termination of which the tenant quits the land.
(4) This section shall not have effect in relation to a tenancy which has terminated before the date of the passing of this Act or terminates after that date in consequence of a notice given or of legal proceedings commenced before that date.
5 Set-off of compensation against rent, &c.
(1) Out of any money payable to a tenant by way of compensation under section two of the Allotments Act, 1922, or section three of this Act, the landlord shall be entitled to deduct any sum due to him from the tenant under or in respect of the tenancy (including any sum due by way of compensation under section four of this Act).
(2) Out of any money due to the landlord from the tenant under or in respect of the tenancy (including any money due by way of compensation under section four of this Act), the tenant shall be entitled to deduct any sum payable to him by the landlord by way of compensation under section two of the Allotments Act, 1922, or section three of this Act.
6 Exclusion of cottage holdings, and provisions as to war-time...
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