Termination of tenancy

[bluecar]

Hello all.

We are a self managed site.

The allotments act (1950) gives the following period of notice of tenancy termination

If an allotment authority/association wishes to end a tenancy it will need to give the plot holder 12 months' notice expiring on or before 6 April or after 29 September in any year.

We have an agreement signed by the tenant in which allows termination to also occur if the tenant is in breach of the rules of the association.

Our rules have a policy whereby members are given 4 weeks notice to improve their plot, unless they can give reasons why they can not (health etc), a final four weeks notice is given if they have not carried out sufficient improvements and then a termination letter is sent if sufficient improvements have still not been carried out. This has not been a problem as usually improvements are carried out or plot holders voluntarily give up their plot as they are unable to/do not wish to continue renting the plot.

We are just about to hit a situation where after our second and final warning has been issued, the plot holder is threatening us with legal action as we will be in breach of the allotment act as cited above which they claim overrules our local signed agreement.

Who is within their rights - the tenant or us (the association).

I look forward to your replies.

Regards

Bluecar

[bluecar]

[johhnyco15]

our site is self owned we have much the same rules as yourself however in cases such as this i think the plot holder holds the trump card if you let any land for the purpose of allotment you are bound by the law i agree tottally with you but September i think is the earliest you can legally end hie tenancy 

[Digeroo]

I am not sure this is right.  He has terminated the agreement through lack of cultivation.

http://www.allotment-garden.org/allotment/Allotments-law.php

This website suggests a month.

[goodlife]

Actually it is not automatic 12 months notice by law. It is 6 months OR longer ...but the notice have to expire on or before 6th of April, other wise it will have to 'roll on' to after29th of September...this is required by the law regardless what is your allotment association's  usual way of doing it. Basically nobody is not to be chucked out during growing season and minimum of 6 months to clear out the crops and from the land.
Statutory law always out rule any 'rules of the land' and even with signed agreement, one cannot make statutory law 'dismissed'.

I'm just in process to get this same thing 'hammered' to our committee's heads...
Yes, it does slow the turn over the plots some what and if you do it against the law, 'tenant' has right by law for compensation for the loss of crops/manure etc...but then again..if I were to chucked off, 6 months is not long time to get the plot straight...finish off all the crops....clearing away one's 'stuff' or find new owners for them. If one doesn't leave the plot in good order, your association has all the right by low to seek compensation for the cost of putting the plot right again, should the 'tenant' leave it in bad state...   So in the end it does work both ways.

[Ellen K]

^^ umm, maybe that's right but it changes if the tenant is in violation of the tenancy agreement.

So if the association wants to get rid of a tenant e.g. to re-purpose the land, then it has to give 12 months notice.

But if the tenant is in violation of the tenancy agreement, then it usually goes to 1 month, as described in your rules.

And it sounds as if the tenant here is trying to pull the wool over your eyes.

Honestly though, doesn't it make you sick that someone who is either unwilling or unable to tend his plot still wants to hang on to it?

[johhnyco15]

^^ umm, maybe that's right but it changes if the tenant is in violation of the tenancy agreement.

So if the association wants to get rid of a tenant e.g. to re-purpose the land, then it has to give 12 months notice.

But if the tenant is in violation of the tenancy agreement, then it usually goes to 1 month, as described in your rules.

And it sounds as if the tenant here is trying to pull the wool over your eyes.

Honestly though, doesn't it make you sick that someone who is either unwilling or unable to tend his plot still wants to hang on to it?

couldnt agree with you more ellen

[bluecar]

Yes Ellen. Johhnyco.

I'm not sure they want to hang on to it - it seems to me they want to attempt to be back street lawyers rather than previous tenants who were in a similar situation who accepted that they are unable to cultivate the plot and just relinquish it.

Goodlife, I think the 1950 act specifies at least 12 months.

However it seems from the information supplied by Ellen and Digeroo, as the tenancy agreement has been breached, only one month notice is required.

As always, it is never straight forward.

Regards

Bluecar

[GREGME]

If they are appealing solely on the basis of the notice period then you are ok I think.
But if they are also appealing on grounds such as that assessment of cultivation is unfair,  they did give good reasons,  other plots without notices are worse, etc deliberate green manure, bocking comfrey patch was misidentified as weeds etc  then that is more difficult.   

[bluecar]

Hello Gregme.

I believe it will be based on the notice period, so fingers crossed.

Bluecar