CHAPTER VI. COMPENSATION PAYABLE ON DETERMIN- FOR ALLOTMENTS AND ALLOTMENT In considering the question of compensation it is necessary to divide allotments into two main classes: (1) Allotment gardens as defined on page 2. (2) Allotments which do not come within such definition of allotment gardens. Allotment Gardens.—No compensation for disturbance will in future be payable to tenants of allotment gardens, section II of the Agriculture Act, 1920, having been repealed by the Act of 1922. As regards compensation for crops, etc., section 2 of the Act of 1922 provides that compensation is recoverable by a tenant only if the tenancy is terminated by the landlord and is so terminated either (i) between the 6th day of April and the 29th day of September; or (ii) by re-entry at any time in the circumstances detailed in paragraphs (b) and (c) on pages 38 and 39. No compensation will be payable on re-entry for non-payment of rent or breach of any term or condition of the tenancy or on account of the tenant's bankruptcy unless the tenancy is so terminated between the 6th April and the 29th September. Compensation is recoverable by a tenant whose tenancy is terminated by the termination of the tenancy of his landlord in the same way as if his tenancy had been terminated by notice to quit given by his landlord. This applies for example where a local authority or farmer sub-lets land for allotment gardens. The compensation recoverable is for crops growing upon the land in the ordinary course of the cultivation of the land as an allotment garden, or allotment gardens, and for manure applied to the land. The basis of such compensation is the value thereof to an incoming tenant (section 22 (3) of the Act of 1922), and consequently only the unexhausted value of the manure applied will be taken into account. Any sum due to the landlord from the tenant in respect of rent or of any breach of the contract of tenancy, or wilful or negligent damage committed or permitted by the tenant, is to be taken into account in reduction of the compensation. As regards any contract of tenancy made after the passing of the Act (i.e. after the 4th August, 1922) by which land is let to any local authority or association for the purpose of being sub-let for or by the tenants as allotment gardens, compensation will be payable by the landlord notwithstanding any agreement to the contrary and notwithstanding that the crops have been grown and the manure applied by the tenants of the local authority or association. It should be noted that section 23 of the Act of 1919 enabled landowners and local authorities or associations to agree in the contract of tenancy that no compensation should be payable by the landlord on the determination of the tenancy, but this section will no longer apply to land let to a local authority or association after the passing of the Act of 1922. Existing contracts made before the passing of the Act will not, however, be affected. The foregoing provisions do not apply to any tenancy terminated before the date of the passing of the Act or where a notice to quit has been given, re-entry made, or proceedings for recovery commenced before that date. The tenant of an allotment garden provided by a local authority on land entered on under section 10 of the Act of 1922, whose tenancy is terminated by the termination of the right of occupation of the local authority, as explained on page 40, is entitled to recover from the authority the same compensation as would have been recoverable if his tenancy had been terminated by a notice to quit given by the authority. If therefore his tenancy is terminated between the 6th April and the 29th September in any year he will be entitled to compensation for crops and manure, unless he has agreed in his contract of tenancy with the local authority that the council shall not be liable to pay compensation. It is only as regards land entered on for allotment gardens under section 10 of the Act of 1922 that the liability for payment of compensation depends on the terms of the contract of tenancy between the allotment garden tenant and his landlord. Allotments. A tenant of an allotment, not being an allotment garden (see definition, page 1) on the termination of his tenancy by effluxion of time or for any other cause is under section 3 of the Act of 1922 entitled to compensation as follows: (a) for crops including fruit growing upon the land in the ordinary course of cultivation, and for labour expended upon and manure applied to the land; and (b) for fruit-trees or bushes provided and planted by the tenant with the previous consent in writing of the landlord, and for drains, outbuildings, pig-sties, fowl-houses or other structural improvements made or erected by and at the expense of the tenant on the land with such consent. This compensation may be obtained from the landlord notwithstanding any agreement to the contrary, but any sum due to the landlord from the tenant in respect of rent or any breach of contract or wilful or negligent damage committed or permitted by the tenant, shall be taken into account in the reduction of the compensation. If the allotment is a holding within the meaning of the Agricultural Holdings Act, 1908 (see definition on page 41), the tenant is entitled to compensation for disturbance under section 10 of the Agriculture Act, 1920, subject to the exceptions set out in that section which is printed on page 114. The tenant of such an allotment may claim compensation for crops, etc., either under the Agricultural Holdings Acts or under the Allotments Act, 1922, but not under both. While it is true that a tenant of an allotment not being an allotment garden can as an alternative claim compensation under the Agricultural Holdings Act, 1908, for the improvements set out in the first schedule to that Act, yet in the ordinary course he will naturally elect to claim under the Act of 1922, as under the Act of 1908 an allotment tenant would only be able to claim, as a general rule, compensation for the application to the land of purchased artificial and other purchased manures, although in rural parishes where allotments sometimes run up to an area of 5 acres a tenant might have a claim for laying down land to temporary pasture and for residual manurial value as a result of stock being fed on the holding. Under the Agricultural Holdings Act, 1908, as amended by the Agriculture Act, 1920, any claim for compensation for improvements under the former Act is, in the absence of agreement, determinable by an arbitrator appointed by the Ministry. Under section 47 of the Small Holdings and Allotments Act, 1908, an allotment tenant under a local authority may claim compensation for the following: (1) planting of standard or other fruit-trees permanently set out; (2) planting of fruit bushes permanently set out; (3) planting of strawberry plants; (4) planting of asparagus, rhubarb, and other vegetable crops which continue productive for two or more years; unless the council have expressly prohibited in writing the execution of any such improvement. These improvements are usually described as " market gardening improvements," and the object of the provision allowing the council to prohibit the making of these improvements is to enable a council to protect themselves against heavy claims for compensation, but as a general rule, councils have in the past provided in their rules for an arrangement which allows a tenant to claim such compensation as fairly represents the increase in value of the holding to the council due to those improvements. It is the almost invariable practice of councils to "prohibit " the execution of these market gardening improvements. A tenant of land let for use as an allotment or an allotment garden if holding under a contract of tenancy made with a mortgagor not binding on the mortgagee shall, on being deprived of possession by the mortgagee, be entitled to recover compensation from him as if he were the landlord and had terminated the tenancy, subject to the deduction from such compensation of any rent or other sum due from the tenant (section 4 (2) of the Act of 1922). Where a tenant of an allotment or an allotment garden has paid compensation to an outgoing tenant for any fruit-trees or bushes or other improvement, he is to have the same rights as to compensation as he would have had if the fruit-trees or bushes had been provided and planted or the improvement had been made by him and at his expense (section 5 of the Act of 1922). Assessment and Recovery of Compensation.—Under the Act of 1922 (section 6) the compensation recoverable under its provisions and such further compensation as is recoverable under the contract of tenancy is in future to be determined, in default of agreement, by a valuation made by a person appointed, if the parties cannot agree, by the Judge of the County Court having jurisdiction in the place where the land is situate. Application may be made in writing to the County Court Judge by the landlord or tenant, and if the compensation is not paid within 14 days after the amount of compensation is agreed or determined, it will be recoverable by order made by the County Court, as money ordered to be paid by a County Court under its ordinary jurisdiction is recoverable. The costs of the valuation will be recoverable from the landlord and the tenant in such proportion as the valuer directs and be recoverable from either of the parties. Under section 22 of the Act of 1922 the designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under the Act in respect of compensation and shall include the legal personal representative of either party. None of the provisions explained above apply to tenants of allotments provided on land entered on under the Defence of the Realm Regulations or on land forming part of a Royal Park (section 7 of the Act of 1922). As explained on page vi. D.O.R.A. allotments as such will come to an end on or before the 25th March, 1923, while any land used as allotments in the Royal Parks will, it is understood, revert to its original use very shortly. Where land has been hired by a council for allotments the council, subject to any provision to the contrary in the agreement or order for compulsory hiring; are entitled at the termination of the tenancy on quitting the land to |