ALLOTMENT ACT 1950 AS A COUNCIL TENANT

Powyswales · Post by **Powyswales** » 23 Jul 2016, 20:08

Hi, I had a visit today from the council housing officer stating that i should have asked them for permission to keep chickens, they say i need to get a signed letter from both my neighbours saying they are happy with me keeping chickens send it to them and they will then decide if i am allowed to keep them and how many, I thought under the allotment act 1950 i did not need to get permission from my housing authority, is this true? What can i show them to let them know i am allowed to keep chickens as i just know that when i print of the allotment act, they will say it refers to allotments only and it will end up dragging on for weeks or even months. I have 7 chickens in total. Thank you for any help.

lancashire lass · Post by **lancashire lass** » 23 Jul 2016, 21:02

are you a council tenant (rented property) or an allotment tenant? If allotment, then it should be in your tenant agreement what you are allowed to keep on your plot and for personal use only (mine says a maximum 12 chickens, no cockerals or other domestic fowl eg turkey / duck etc. I can also keep x number of rabbits for personal use as well ... I think it was common to keep rabbits for meat but not so now) If renting property, then the council should have their own rules - maybe asking your neighbours permission is one of them? When buying my house, I was told I could not keep farm animals on the land even though it is freehold - what I'm trying to say is that it cannot be automatically assumed you have the right to have certain animals on your property. The Allotment Act is specifically for allotments, but there are local rules which are in the tenant agreement. Not sure if that helps you

Powyswales · Post by **Powyswales** » 23 Jul 2016, 23:38

Hi Lancashire Lass, i am a tenant, are you sure it only applies to allotments?. Notice the part of the act which states

(((((Notwithstanding any provision to the contrary in any lease or tenancy or 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, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:))))

The Act does not define lease, tenancy or land in such a way as to limit it to allotments.

Also see this link below which also makes me belive it is not just for allotments
http://www.landlordsguild.com/tenant-wi ... -chickens/

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Post by **manda** » 24 Jul 2016, 03:58

You need to refer to your tenancy agreement ...if there is no mention in there then it applies...if there is mention in there re keeping chickens then the allotment act applies....which is pretty much what the link is saying.

So if your tenancy agreement makes no reference to having to seek permission take that to them and discuss....maybe also take a print out of the information from that link.

Powyswales · Post by **Powyswales** » 24 Jul 2016, 08:22

I am still not sure they can stop me though as long as there are no by laws. If this act is correct then to my understanding even a private landlord could not stop me keeping chickens, why he could stop me keeping most other pets including dogs and cats but not chickens or rabbits as according to this link an act of Parliament will override all other sources of law. http://www.justanswer.com/uk-law/2364w- ... apter.html" onclick="window.open(this.href);return false;

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