Matlock allotment holders make last minute legal stand to halt eviction

Allotment holders had been served a notice to vacate the site by Thursday, September 29, but have remained steadfast and now issued a notice of their own to the landlord.

Under the Landlord & Tenant Act 1954 – Business Tenancies, a Section 26 Notice gives businesses, charities, clubs and associations a statutory right to renew a lease if certain criteria are met.

The association’s legal advisors say it should stop the landlord from taking possession of the site until the validity of the notice has been determined by a court – and he has until mid-October to challenge it.

At the same time, Derbyshire Dales District Council is defending an appeal against the listing of the allotment site as a community asset and expect the case to be heard by a tribunal in January.

A council spokesperson said: “We took the view that the site amounted to an asset of community value when a nomination was received in June 2021. The council continues to hold that view and will make its case before the tribunal.

“In addition, we continue to work with Matlock Town Council to progress an application for the compulsory purchase or compulsory hire of the site.”

Mayor of Matlock Paul Cruise added: “Matlock Town Council continues to work with Starkholmes Allotment Association and the community to protect the allotments in their current location and the village green that has been used by residents for decades. These community spaces are vital to resident well being and vital in protecting the environment.

"We will continue to work with Derbyshire Dales District Council to expedite the compulsory order. If the land owner removes the eviction notice we would be open to positive dialogue involving all key stakeholders to seek positive solutions.”

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