Topic: Does anyone know.........

[SMP1704]

A long standing plot holder - also a serial non-cultivator has finally been served an eviction notice and predicatably and as is her right, has appealed againist this.  During the last month, the plot has improved no end.  There is a meeting on site next week between the council officials and this woman who is being represented by her councillor.

Now my question is this - the evictee is also standing as a councillor for the same party as the councillor who is representing her appeal againist eviction.  Now my sense of fair play says that this is unfar and a conflict of interest but are there any rules about this sort of thing?  is there anything that I can read?

All advice welcome

Thanks

[tonybloke]

A long standing plot holder - also a serial non-cultivator has finally been served an eviction notice and predicatably and as is her right, has appealed againist this.  During the last month, the plot has improved no end.  There is a meeting on site next week between the council officials and this woman who is being represented by her councillor.

Now my question is this - the evictee is also standing as a councillor for the same party as the councillor who is representing her appeal againist eviction.  Now my sense of fair play says that this is unfar and a conflict of interest but are there any rules about this sort of thing?  is there anything that I can read?

All advice welcome

Thanks

Why does the tenant require a representative at all? does he/she  have comunication issues?
the issue is between the allotment officers of the council and the tenant.
has anyone took photo's of the plot in it's uncultivated state?

[Robert_Brenchley]

She's obviously bringing pressure to bear, but from what you say, she's made an effort. I know from experience how hard it is to get rid of people, but if you have to start the process all over again, at least you've got her track record noted. It all counts towards the eventual eviction.

[Old bird]

I would casually ask the question direct to the Councillor!  That way they will be embarrased or maybe if it is OK they will bluff it out - either way - you make your point without any nastiness!

If she is now making the effort then maybe she has learnt a lesson and will not need to be evicted if she maintains her plot now!

O B

[Unwashed]

The councillor is representing the tenant, not the council, so the only possible conflict of interest is that the councillors may represent the tenant less well than she might hope, but that's her problem, not yours.

You have to give the tenant reasonable time to get the plot cultivated, it's a consequence of the S.146 Law of Property 1925 procedure for getting rid of someone who's breaking a rule.  If she has got the plot under cultivation in the notice period then there's nothing more to talk about, she can't be evicted.

Of course, if she hasn't got the plot cultivated and the council won't take action because she's a prospective councillor then that's another problem, but not one you can solve - though from what you say this isn't the case.

[SMP1704]

Thanks for your responses.  I spoke to Democratic Services who doesn't think there is a conflict but there are no rules about this particular situation.

My issue is not that she is being supported/represented b the Councillor - that's partly why they are there but the fact that they are both active members of the same political group, which has to bear on the effort and level of persuasion brought to bear by the councillor.

I'm also confused by when an evicition notice becomes eviction regardless of any last minute/month cultivation activities?  This individual has had the plot for 6 years and it has been largely uncultivated or rather used as a wildlife garden, there are photos and a long history of informal and formal notices to improve the plot.

The culture of council officials here is to bow and scrape when a councillor gets involved and agree to whatever they want - so confidence is not high.

Whinge over ;)

[Unwashed]

My issue is not that she is being supported/represented b the Councillor - that's partly why they are there but the fact that they are both active members of the same political group, which has to bear on the effort and level of persuasion brought to bear by the councillor.

Everyone has the right to join a political party and be politically active, and public authorities are under a positive duty to ensure that your tenant's right is not infringed.  It would be unlawful for the council to discriminate against her, and a breach of the council's Code of Conduct for the councillor to discriminate against her, because she is politically active.  If the councillor were to use her position to confer some advantage on the tenant then the councillor would be in breach of the council's Code of Conduct, but but you'd need to find some hard evidence of that, and it's not really fair to suggest impropriety without that evidence, and supporting a friend and political colleague certainly isn't enough.

I'm also confused by when an evicition notice becomes eviction regardless of any last minute/month cultivation activities?  This individual has had the plot for 6 years and it has been largely uncultivated or rather used as a wildlife garden, there are photos and a long history of informal and formal notices to improve the plot.

The culture of council officials here is to bow and scrape when a councillor gets involved and agree to whatever they want - so confidence is not high.

An eviction is effective when the tenant leaves.  Handing back the keys is a pretty definitive gesture, as is telling the council they've vacated the plot.  Abandoning the plot will do it, but the tenant has to be AWOL for some time.  If the tenant ignores the eviction notice and carries on, as she is perfectly entitled to do, you have to apply to the county court for a possession order, and if you get one then the tenant has to leave or you can call the bailiffs in and have her chucked off.

You may have a problem here though.  If you've told the tenant several times to improve the plot but done nothing about it if she hasn't, then you've acquiesced to the breach and can't subsequently do anything about it.  It's not a problem if after each warning you've followed up with an inspection and written to her saying thanks for making the necessary improvements, but if you haven't the tenant has a loophole.  Rule is, if you're going to tell the tenant something, you must follow it up without delay.