Can my Landlord do this?

[bottomofthepile]

I rent an apartment, part of a much bigger old house with private gardens, shared with the other residents (as per the tenancy agreement). About three years ago, our Landlords decided (in spite of our protests) to give away our (unfenced) veggie allotments at the bottom of our private garden, for nothing, to members of the village, thereby rendering our gardens un-private as the people can come and go, with access through our 'private' gardens as they wish.
I, for one, am a long-term resident of over twenty years so am a 'sitting-tenant' and have used the allotments all this time - not always to it's fullest as I am disabled but I do what I can and enjoy a bit of gardening. The actual allotments are not mentioned in my tenancy agreement though I was shown, by the 'old' management, (my current Landlord's father) which bit went with my apartment when I moved in and it's been that way for forty or more years.
Can my Landord do this? I was under the impression that a landlord was not entitled to dispose of a property as they wish once they accepted rent for the place - the 'law' of 'Custom and Practice', in respect of the allotments if nothing else. Does anyone know about this?
I've thought about withholding my rent but I'm unclear exactly under what circumstances one can do this - or at least objecting to the regular two-yearly raise as our garden is no longer private. I am concerned about a backlash as my landlords, or 'landlady' in this case, is not a pleasant person and took great pleasure in setting her minions to ripping up my garden and all my rose cuttings/potatoes etc with their mini-diggers in front of me, saying 'You don't pay your rent, I pay your rent', in reference to my claim to some Housing Benefit due to my disability. I was shocked and didn't have the presence of mind to say '...which pays your wages'.

Oh this sounds horrible, I am so sorry for you. I know how painful it can be to have someone come and do things to your precious plants - it's happened to me before.

And as a tenant you can feel really helpless.

I would contact the council for advice, as they will know about planning and I imagine this comes within that remit.

I think you'd be wise to sort it out soon, though, as having lived with this arrangement for a few years that could affect your case - they might take it as acceptance of the new conditions iyswim.

You don't have to let her know till you are fairly sure you have some rights - however, I don't know what rights you have if she decides to end your tenancy because you've 'won' this battle, if you manage to win it that is.

My fear has always been upsetting my landlord to the point that they decide I can no longer rent from them.

I hope you get somewhere with this, it must be upsetting - also you might be entitled to legal aid or at least free legal advice from a local solicitor.

I would recommend citizen's advice. I am a landlord and am just having a garden dispute with my neighbours (such fun) so have been getting more acquainted with property law.

It sounds like s/he can't do this if you had been using the allotment for so long. However, if this happened three years ago and you are only doing something about it now, I think that would put you in a much weaker position. The landlord's attitude is appalling and they do not have the right to talk to you in that way. You might also want to look at ARLA's website for advice.

Thanks Consuela and QoW. I did go to CAB but they weren't much use. And yes, one does feel helpless and completely demoralised, and I hate confrontation which is why I didn't pursue the matter - not that I knew how, though I did write a five page letter of protest at the time, even asking for an apology for the appalling remarks but was completely ignored. I guess there's nothing I can do except 'suck it up', as they say, as even with 'rights' as a tenant one is so vulnerable to the caprices of a vicious or callous landlord, should they choose to be that way - no offence QoW - I'm sure many tenants can be shits too. Also, this really is my home of over twenty years, I'm not just passing through, IYSWIM. If I made too much of a fuss, right or not, even with my Assured Tenancy, my Landlords could hurt me more than I could them.
And to add insult to injury - I'm just getting it off my chest now - one or two of the villagers who have taken over our allotments (for free), our own neighbours, almost take the same attitude as our LL, ie. we're somehow subhuman and have fewer rights than them because we rent rather than own our own like they all do (what's wrong with their own gardens then, I have to ask myself?). Shades of the West Bank. Anyway, rant over.

No offence taken at all, I am ashamed of a lot of landlords. It just doesn't have to be that way - it's a business transaction that can be done with professionalism and respect.

Your situation sounds horrible and I feel very sorry for you. One of the benefits of renting is that you don't have to stay. Have you considered moving either elsewhere in the village or somewhere else? I know after twenty years it would be a big step, but living in such an environment must be very hard. It eats away at your self-esteem.