northamptonallotments.co.uk

Allotments Act 1950

1950 c. 31 (Regnal. 14_Geo_6) Abolition of contractual restrictions on keeping hens and rabbitsSection 12

12 Abolition of contractual restrictions on keeping hens and rabbits.

(1)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:

Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

Some councils believe they have the authority to impose their own regulations. They are acting unlawfully. Unfair Terms in Consumer Contracts Regulations 1999 makes a council's ability to impose arbitrary rules unfair and hence unenforceable.

Hens and rabbits can be kept on all Council owned allotments as a right. Cockerels are not allowed by the Allotment Act, neither are allotment officers.

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