Topic: This is a plot being used ?

[Robert_Brenchley]

The plot next to mine is worse than that, as it's all perennial weeds. The same thing keeps happening; we go through the process, and when the Council are on the point of evicting the tenant, he reappears, does enough to stop the eviction, and disappears. We then have to start from the beginning all over again.

[kt.]

we go through the process, and when the Council are on the point of evicting the tenant, he reappears, does enough to stop the eviction, and disappears. We then have to start from the beginning all over again.

He should have 2 strikes then out.  No more warnings.  There is clearly nothing wrong with this tenant if he can miraculously appear after receiving a warning letter.   Speak to the council to see if they will send a final letter stating if it happens again he will be evicted without reprieve.  They should have a history of letters sent

[Squash64]

There is a plot on our site which is causing me concern.  It isn't overgrown.....yet...... but it is neglected and unloved.  I feel that a Letter of Concern should be sent now rather than when it does become overgrown, which it will do as the tenant has no interest in gardening.

Our site policy is that 2 committee members should agree before the L o C is sent out and so far, I am the only one who wants to do it.

It looks like my only alternative is to give the tenant a boll***ing and hope that he suddenly becomes passionate about gardening  ::) or that I frighten him so much that he leaves. 

Neither of these is likely, I am not that scary.

[kippers garden]

There are loads of overgrown plots at my allotment site.  There are also plots available to rent.  It is very frustating with all the weed seeds being blown round but i understand the allotment commitee as if they get the rent money for the plots they can tell the council the land is still being used (we don't want the council selling more of the land to builders).

I'm not sure why we seem to be the only allotment site in England without a waiting list?

[Digeroo]

The questions is why do people who are simply not that interested continue to have plots.  I would be concerned that though they do not have any crops it still gives them access to the site. 

[shirlton]

Our site now has a couple of plots that have finally become available for renting. I am just hoping that they don't mind a bit of a graft cos they have some hard work on their hands whoever takes them on. If not then it will be merry go round time again, ie warnings, letters and so on.

[Robert_Brenchley]

He should have 2 strikes then out.  No more warnings.  There is clearly nothing wrong with this tenant if he can miraculously appear after receiving a warning letter.   Speak to the council to see if they will send a final letter stating if it happens again he will be evicted without reprieve.  They should have a history of letters sent

I agree they can be pretty lax. They do get there in the end though, after several years of it.

[elvis2003]

ive spent an hour this morning printing,filling in and posting 4 notices to quit,i hate this part of the job,made worse by the fact we really like the plotholders involved. :(
slightly cheered up by the fact that hopefully we will get 4 new and enthusiastic plotholders  :)
we are starting a 3 month probation period too,so that will hopefully improve things. best possible outcome is that these plotholders get their acts together,of course

[Unwashed]

Elvis, S.1 Allotment Act 1922 makes probationary periods tricky.  How do you do it?

[Squash64]

Elvis, S.1 Allotment Act 1922 makes probationary periods tricky.  How do you do it?

I'd like to know more about that too.
When I asked our Allotments Officer if we could do probationary periods he said we couldn't.

[cacran]

The allotments on both sides of mine are in good nick except for at the edges.Both sides of me are full of weeds, nettles and bindweed. I am constantly pulling it out from under the fences. I have put wood, windows and old doors to try to block it out,but it still creeps through. I wish they would try to keep the perimiters weed free. We don't have a comittee or anything. I would not want to complain as I value my lottie neighbours as friends. ???

[elvis2003]

Elvis, S.1 Allotment Act 1922 makes probationary periods tricky.  How do you do it?

i was told to give them a 3 month probation,and if they do well,then and only then give them a tenancy agreement,i guess thats how i am able to do it?

[Sinbad7]

Ours is a council owned site but self managed.

When we let a new plot they have to sign the council agreement and abide by the terms of that agreement unless at an AGM some of the rules have been voted on and updated by our society.

Waiting a year before we could get the plot back, was a bit much especially when others are waiting for a plot, so we approached the council with a draft agreement from the society giving new tenants 4 months to show the society that they were going to work the plot.  The council accepted the society's agreement on the understanding that it was made clear to the new tenant that they were bound by the councils tenancy agreement other them anything the society had changed at the AGM's.

It's worked well so far, I am just about to let the same plot for the third time this year.

I have let plots for a few years now and still I can't tell who is going to be a good plot holder and who isn't going to work it.   The things they say like, I have always wanted an allotment, I used to have a large garden and now I haven't room to grow veg, My kids will love it I want to teach them to grow I'm sure then they'll eat it.  My Dad used to have an allotment and I was always there with him as a kid.  I want to grown organic you don't know what you're eating these days.  I've just retired and thought it would do me good to get out of the house.  Or, this is cheaper than going to the gym , I will get plenty of exercise and fresh air too..................and on the reasons go, and they all seem genuinely excited at the thought of having a plot and I get just as excited for them, then some you never ever see again................. I find it really strange

Squash after the first month I usually write if nothing has been done asking if everything is alright as we have noticed they haven't been to their plot and if there is anything we can do to help.

[Unwashed]

Sorry, I've taken this off-topic a little.  I'll start a new thread to talk about probationary tenancies.

[gerkin]

ive spent an hour this morning printing,filling in and posting 4 notices to quit,i hate this part of the job,made worse by the fact we really like the plotholders involved. :(
slightly cheered up by the fact that hopefully we will get 4 new and enthusiastic plotholders  :)
we are starting a 3 month probation period too,so that will hopefully improve things. best possible outcome is that these plotholders get their acts together,of course

im new to my lottie im on 3 months probation thought it was the norm!

shocking how some people keep plots on when they cant be bothered !

[Robert_Brenchley]

A formal probationary period would be difficult legally, but what we do is to give them the first three months free, with no money changing hands, and no agreement signed. If they make a go of it, we then make it a formal tenancy.

[Unwashed]

A formal probationary period would be difficult legally, but what we do is to give them the first three months free, with no money changing hands, and no agreement signed. If they make a go of it, we then make it a formal tenancy.

Robert, hope you don't mind of I answer this in the Probationary Period thread.

[lincsyokel2]

A formal probationary period would be difficult legally, but what we do is to give them the first three months free, with no money changing hands, and no agreement signed. If they make a go of it, we then make it a formal tenancy.

Whats the implication if they squat on the plot tho ? With no tenancy agreement, and no 'breaking and entering' you might have a problem getting rid.

[Le-y]

this is the plot next to mine, underneath the first half are raised beds!!

aparently its used, the holders are also fit and well and have (apparently) been up there a few weeks back to look at it!

not sure if you can tell but the weeds are now around 5ft high!

[Unwashed]

A formal probationary period would be difficult legally, but what we do is to give them the first three months free, with no money changing hands, and no agreement signed. If they make a go of it, we then make it a formal tenancy.

Whats the implication if they squat on the plot tho ? With no tenancy agreement, and no 'breaking and entering' you might have a problem getting rid.

If someone doesn't choose to leave when you ask them it's a bother whether they're tenants or sqatters and the process is the same - apply to the court for a possession order.  But Robert's newbies aren't squatters, they're there with his council's consent, they just aren't paying rent and don't have a written agreement.  In the circumstances the court may well say that the council's intention was to create a tenancy at will which would allow them to terminate the tenancy without notice, except S.1 Allotments Act 1922 imposes a statutory requirement on the landlord to give a minimum 12 months notice so the court would likely refuse to evict.