Growing, Cooking, Making. | Don’t Crop Me Now

This question comes up quite a bit on social media groups so I thought it was worth an open discussion. Most people can feel a strong emotional connection to their allotment plots so this always feels like a difficult choice to make. It can feel like a difficult balance of the ability to manage the plot versus the challenges associated with loss/grief for dream where (at least at some point) there was direction and passion.

Let’s start from a personal perspective: Have I ever thought about giving up our plots?

In short, yes! For me it wasn’t about the ability to manage the plot, but there have been 2 factors that wained my personal motivation.

1. Strained relationships. In the past, there was poor relationships with some members of the Allotment Committee (as it stood at that time). Allotments are a microcosm of the general society – this is life and there will always be differences of opinions, but became a big drain on my energy and thus my positivity for the plot.

2. Again, Committee related but even with a great Committee (as we have now) it is HARD WORK. The last year I struggled to have the time I wanted for my own plot as I was dragged in every direction possible. This was often doing the nice stuff but I remember last summer particularly feeling like I was trying to run in and out of my own plot with the most minimal time possible to do everything else to keep the allotment site running and nice for everyone else!

We all have pressures and priorities on our own time. For myself I have work, caring responsibilities and being on the Allotment Management Committee that take up a lot of my own time. We all have families pressures too.

Managing an allotment has to come down:

a) how much flexible time you truly have – where there is a choice involved.
b) How you want to spend that flexible time.

For me, I don’t have much flexible time, but the time I do have I want to spend at the plot.

From my experience keeping up multiple time consuming hobbies is hard work. Many hobbies allow you to dip in and out, but allotments are not one of them. You have signed a contract saying you need to keep the area cultivated and weeds don’t wait for anyone no matter your circumstances. I have other hobbies that I do pick up and down depending on how much time I do have.

If you are considering giving up your plot then consider a) and b).

I have been often told by people they are struggling to find time for the plot, but they are out most of the weekend at other hobbies, out shopping or socialising. In that case, there is time there but the allotment isn’t the priority. Obviously this is fine – we all choose how we want to spend our own time.

I also see many people who truly do not have much flexible time. People can be working many hours, dragged around organising family/kid’s social activities and in caring roles that need daily support. In these cases, it is acceptance. If these time limitations are for short term most organisations will look at extenuating circumstances and how a contract could be modified for a set period of time. However, if these things have to be life’s priorities then a practical decision needs to be made.

Finally, if you are short on flexible time then you do need to have a good will to attend your plot even when the weather isn’t great! Sometimes needs must!

I have been inspired to discuss this as there has been many recent posts on social media asking this question. Often the answers given are confused, sometimes incorrect, and usually working from a base of what happens on an individual’s site.

When it comes down to the nitty gritty of rights and responsibilities on an allotment site whether it is insurance, tenancy contracts, leases, association vs landowner vs tenant responsibilities it is imperative to understand that how allotments are run does vary considerably. Whilst the Allotment Act and some areas of law (e.g contract law, agricultural law) does govern some aspects most things are agreed on a local level between the landowner and the tenants or the landowner and a lessee. Insurance is a prime example of this.

What can be insured on an allotment site?
In most cases, we are talking about public liability insurance which covers bodily injury, third party’s property and legal expenses regarding any claims.

Who is responsible for public liability insurance of communal areas depends on the legal set up of the site.

– If the plots are directly let by the landowner (most commonly the council) they will have elements of public liability for communal areas of the site e.g access, communal walkways or buildings. This can be the case even if there is an Association involved as sometimes Associations do not have responsibility for managing the tenancies or land in a legal sense. If the Association does not have a formal lease or license in place and therefore have formal responsibility for signing tenancy contracts then they will not have any responsibility for providing public liability insurance.

-If the plots are leased (e.g. by an Allotment Association) then the lease usually stipulates that the Association must have public liability insurance in place. This is because the law determine’s that the occupier of property has a duty of care and and this is why it is written into lease agreements. Who (on an individual level) is responsible is also quite complicated. Most Associations exist as unincorporated organisations (without a legal identity) this means that whoever signs the lease (on behalf of the Association usually Trustees) are the people who are legally responsible this is in place.

In both cases above the requirement is for public liability to be in place for communal areas, not individual members plots. This is because the Occupier’s Liability Act 1957 puts the responsibility for individual tenanted areas in the responsibility of the tenant (not the Landowner or Lessee).

What does this mean for me as an individual tenant?

A) If your tenancy is signed direct with the landowner:
Unless the council has specifically paid for additional public liability insurance to cover tenanted areas you are personally liable for your tenanted area. In most cases councils do not do this (they are often cash-strapped). Whether or not you are required to pay for public liability insurance depends on the conditions of your tenancy. Some landowners are adding this clause into tenancy contracts. In this case, yes you must get insurance in place or landowner can terminate your tenancy. If it is not written into the tenancy contract, then it is your personal choice.

B) If your tenancy is signed with a lessee, for an example an Allotment Association:
The situation could be exactly the same as for a direct let site discussed above. Lease agreements are very unlikely to say that Member’s (and their plots) need to be covered. Your annual fees could list “insurance” but this still may not mean your plot is covered. An Association is made up of the members as a member you are just as responsible to contribute to Association public liability insurance as any other member. It is not the Trustees or Committee (if one is in place) to financially cover this individually. However, Associations do often choose to take this additional cover for members as a member benefit as it makes sense and simplifies the process for everyone involved. If your Association has insurance, but you don’t know if this covers you directly then ask whoever organises the site – this should have been made clear to you on letting.

So, my Association has public liability insurance, but it doesn’t cover me?? what does this mean?

As discussed public liability insurances covers bodily injury, third party’s property and legal expenses regarding any claims. This means on communal areas of the site, communal buildings, community areas, entrances/exits and anyone completing tasks directed by the Association for example, communal maintenance groups or events. Association insurance is often extended to employee/trustee (volunteer), contents insurance and events insurance. This could include protection of when money is invested in setting up an event and it is cancelled due to the weather. Contents can include buildings and property owned by the Association like equipment and tools. All are these things are optional and the Association may choose to take these to cover assets and people working in voluntary roles. Remember as an Unincorporated Association individual members can be held legally accountable including all costs so insurance is very important for people working in voluntary roles. Associations have a democratic structure so it is down to members to vote to what level of insurance is put in (above what is stipulated by any Lease) and membership fees will need to reasonably cover this. Member’s personal property won’t be covered.

If the landowner or Association insurance does not cover member’s then what are my options?
If the Association insurance does not include member’s public liability insurance then you can take out insurance yourself if you are in category A above you may HAVE to do this (or risk losing your tenancy).

– The National Allotment Membership includes Member Public Liability Insurance
– In some areas there may be a regional Allotment Society (that is not specific to one site) who may take applications to join and they may provide this member benefit.
-You can try your home insurer or other private insurer broker (likely difficult and expensive or they will offer this at all).

It is very difficult to find any broker that will cover any type of insurance other public liability for individual tenants. To cover individual’s properties on allotments – check your house insurance policy. If you can find one it is likely to be very expensive.

What about others who help on my plot?
If you have family members or other supporters who help on your plot, they, in the same way as you as the plotholder, are not covered by landowner Public liability insurance outside communal areas (as in A). If there is member public liability insurance in place (for example through an Association) this does sometimes extend to cover guests.

The key thing to remember is a guest is someone who is brought onto the plot with the plotholder present, not someone you give your keys to and allow access when you are not there. If you are giving your keys out to anyone to access your plot who is not a member they could be held liable personally. This is also likely a breach of your tenancy – either through allowing access to site facilities to a non-member or if they are regularly cultivating the plot this could be classified as subletting – both of these could lead to termination of a tenancy.

To work flexibility (allowing access to a limited number of supporters) most sites have a system of registering helpers (often called Associates). For most Associations, Associates are a type of membership and therefore Associates would be covered under member’s liability insurance as in plotholding members. If there is no member’s insurance provided then guests (on an individuals plot) are not covered either.

	Direct let site – landowner could be the council, parish or other private organisation NO MEMBER’S INSURANCE (Common)	Direct let site – landowner could be council, parish or other private organisation MEMBER’S INSURANCE IN PLACE (rare has hen’s teeth!)	Leased site (most commonly Association, but could be other private organisation) MEMBER’S INSURANCE IN PLACE (Less common due to cost and the fact this will not be stipulated by the lease)	Leased site (most commonly Association, but could be other private organisation) MEMBER’S INSURANCE IN PLACE THAT COVERS GUESTS OF MEMBERS (Less common due to cost and the fact this will not be stipulated by the lease)	Leased site (most commonly Association but could be other private organisation) NO MEMBER’S INSURANCE (Common)
Communal areas – borders, communal paths, toilets, buildings etc	YES	YES	YES	YES	YES
Personal plots and any areas under individual plotholder management (e.g. paths determined in the tenancy agreement)	NO	YES	YES	YES	NO
authorised guests in communal places	YES	YES	YES	YES	YES
unauthorised guests in public places (trespassing)	YES	YES	YES	YES	YES
Guests of members in public areas	YES	YES	YES	YES	YES
Guests of members on a member’s plot	NO	NO	NO	YES	NO

A careful note of caution:
Insurance will only pay out where there was injury or damage that was due to your own actions, but you had taken reasonable steps to minimise the risk.

For example, if your shed blew over and damaged the property of others but you had not reasonably kept the shed in good order then your insurance would void this claim even if there member’s insurance is in place.

Allotments can be hazardous places and it is your responsibly to keep your plot reasonably safe!

As a Summary:

– You as the plotholder are responsible to ensure your plot is reasonably safe.
– You/your plot is only covered by public liability insurance if there is specific member’s insurance in place no matter who owns the land or has responsibility for letting plots through a lease.
– Member’s insurance may not be in place, even if the site is run by an Association that has it’s on public liability insurance.
– Communal areas will be covered either by the landowner or the Lessee.
– Your tenancy agree may stipulate your have to have member’s insurance in place. If it doesn’t it is your choice.