Do I need insurance on my allotment plot?

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.

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.