Topic: Termination of tenancy

[beckydore]

I have had a plot on my site for about 3 years. Admittedly it has been up and down in terms of its state.
Last year my Dad was diagnosed with a brain tumour and in October last year I received a non-cultivation letter. I discussed with the council and at that time I was told they understood the circumstance and not to worry.

Since then I have worked the plot but it has not been to 70% cultivation and the weeds have been multiplying.

My Dad died in March, my Aunt in May and I got married on 12th June. As you can imagine, time has been spent running around the country supporting Mum, grieving and planning the wedding. I've been away since 10th June and returned today from my honeymoon to find a termination letter, dated 9th June and telling me they will allow me to clear the plot of materials or equipment by 16th June.

I have not received any non-cultivation letters since last year. Surely I should have received one before they terminated the agreement?

I do definitely agree that I should be in receipt of a non-cultivation letter but can't believe the timing of this just when I finally have time to do something on the plot.

They apparantly offered the plot to someone else on the site this week, who unfortunately drove off just as I arrived today. I have heard that they have signed a contract for the plot. There are apparantly others available on the site. Unfortunately I wasn't able to speak to him.

I have picked a few broad beans, some potatoes and weeds this evening. Will be going back down tomorrow to collect my table and chairs etc.

I've emailed the council but obviously won't hear anything until Monday.

I had planned on going to the plot for half the day tomorrow while my new hubby watches the football.
Do I weed as much as possible this weekend and battle with the council?

Apart from this years crops, the plot has blackcurrant and redcurrant bushes, rhubarb, strawberries, asparagus etc. which of course will not appreciate being moved at this time of year / may be taken as stealing if I remove them from the site.

Becky

[Fork]

Bully boy tactics raises its ugly head again.I would refuse to go until you have had more communication with the council.

Did you plant the fruit bushes?.....if you did,and you decide to go,take them with you,I know I would.

Best wishes anyway,hope you get to keep your plot

[macmac]

beckydore do you have  a site rep ?surely they would be the one who would report non-cultivation to the council,perhaps you could have a friendly chat with them.Who did you speak to at the council?You could remind them of their reassurance and lack of further letters.
I may be wrong but isn't there a set procedure of warning letters etc ?
Good luck and if worst comes to worst dig up all your stuff  >:(

[Unwashed]

Becky

I'm sorry for your grief and I can understand how this hassle isn't what you need at this time.  However, I think you might have left it a bit late.  You're basically right about the council needing to have given you warning but if you didn't get in contact with them after the 9th June letter arrived and if it's not obvious that you're still very much in possession of the plot then it might not be worth the fight.  You might find it altogether better to write to the council explaining why you were unable to cultivate the plot as they asked and quit the plot now in good grace and ask to go on the waiting list so that you can resume your allotmenteering when life is not so intrusive.

I'm more than happy to tell you how to fight the decision, but it'll be stressful, it'll pretty much spoil your enjoyment of your allotment, it could potentially cost you quite a bit of money, you won't necessarily win, and there's the poor bugger who thinks your plot is now hers to think of too.

[beckydore]

There is no waiting list now at our site and there are other free plots available. The site rep knows the issues that have been going on and knows that I was down the plot the last 2 weekends in May, just before the cultivation letter went out. It must be obvious from the fact that there were new plants on the plot and freshly piled potato rows etc that someone was working it.

The person who has been offered it has been told by other plot holders that I was on honeymoon and due back on Friday so they are aware that I was not given chance to respond to the letter.

[Unwashed]

Alrighty, if you want to hang on to it then actively work it.  Get it all under cultivation as quickly as you can, so within the next few weeks, and don't do anything that might suggest you've given it up, so don't hand back your site key and don't take home your table and stuff.

And write to the council telling them that you are not vacating the plot, that as you have already explained to them you have been unable for good reason not to cultivate the plot, that your situation has changed and you are now again able to maintain the plot and that you will get it under cultivation as soon as you can.

The Council are obliged by S.146 Law of Property 1925 to serve you notice of any breach of the tenancy agreement and give you sufficient notice to put the matter right.  They may well feel that they have done that.  You're entitled to stay put though and the Council must then apply to the court for a possession order.  If you've behaved reasonably and the Council have not complied with the legislation then it's unlikely you'll be turfed off, but if the Council's paperwork is in order and the judge thinks you've been unnecessarily slow to respond to them and haven't made the necessary effort to get the plot under cultivation after the Council gave you an extended period to do so then you'll be evicted, and you might have costs awarded against you too.

Can you post the original cultivation letter please?  What other correspondence has there been?

Ed:  Sorry, I meant to add:  I have absolutely no qualification or training in this stuff.  Like you, I'm just a bloke with an allotment, so whether you act on my advice or not is entirely up to you and the responsibility is all yours.

[Le-y]

i applied for my plot in may last year and received it finally in July, when i got my plot i was 7 months pregnant.

My Dr signed me off onto strict bed rest for various (serious) pregnancy related issues when i hit 8 months, soon after my baby arrived (the same week actually) i received a non-cultivation letter.

i responded and told them the situation and advised them that we were starting on the plot the following weekend (which we did).


My hubby just recently had surgery and i've not been able to work the plot (not having anyone to watch him or the children) so its quite weedy (to which i;m rectifying with squash plants thanks to some great advice on here).


if i was to receive a letter stating my plot had been reallocated i'd be fuming!! i would 100% expect a new non-cultivation letter as the original dispute was sorted and accepted.

what i'm trying to say is (long winded, sorry) that if the council have made provsions for your situation and you've worked the plot since, they should really start over i.e new non-cultivation letter and go from there.


at the end of the day i'd write to them, say that you had your issues however there is no way that the plot would now be left un worked and sugges tto them that the come and inspect it in another 1/2/3 months and if they are still not satisfied they can take it back.

good luck, hope you get sorted and congratas on the wedding

[Robert_Brenchley]

Get cracking, cultivate the plot, contact the Council and explain the situation, and get the allotment officer down to see what you're doing.

[Unwashed]

Did you talk to the Council today Becky?  Let us know what they said.

[beckydore]

ok... so I went to the plot on Saturday and spoke to the gentlemen who had been offered the plot to ask if he could wait until Monday until after I'd spoken to the council.

He told me that I was welcome to take what I wanted but that he was going to start digging the plot over the next day and as far as he was concerned it was now his plot.
His wife then came over and told me to go as 'all my so-called friends wanted rid of me'.

I was quite upset but some of the other plot holders helped me to dig up the bushes and other items and move them onto another plot. I also dug up the potatoes (Very small crop as too early really).

I spoke to the person at the council yesterday and this is their response.

Please find this email as a confirmation of our discussion this morning on the phone.
 
1. A non cultivation letter was sent regarding Plot 16b on 20/10/09 following a site inspection on 12/10/09
2. The database states that you made contact with us on 10/11/09 to explain that you wished to keep the plot but due to your father’s ill health you were experiencing problems cultivating
3. Site visits were undertaken with the site representative on 04/02/10, 01/04/10, and 03/06/10
4. A tenancy termination letter was sent 09/06/10 following the June site inspection as the decision was made that it had been 7.5 months since the non cultivation letter was issued and little work had been undertaken to the plot and it was therefore not being maintained in accordance with tenancy termination
5. It is not our policy too issue a second non cultivation letter before issuing the tenancy termination
 
Following your comments we will in the future ensure that when a tenant has extenuating circumstances which affects the time they can spend at the allotment site, a limit of 6 months will be given and if work has not been undertaken to a satisfactory level the plot holder will be contacted and informed that a tenancy termination letter will be issued

Becky

[pigeonseed]

I've only just seen this thread. Oh dear Becky! How sad for you. But it's done now. And you saw how helpful your fellow plot holders could be when they helped you move your fuit bushes.

I hope you grow to love your new plot.

I do think they have dealt with you unfairly, though it was within their rules. But still, I'm sure you're just keen to move on now and put it all behind you.

Good luck with the new plot.

[babyrhino]

Its all very well for everyone to feel sorry for you and in a way I do as well , but is anyone considering the poor people ( like me ) who really work hard to keep their plots weed free and tidy but have the misfortune to be next door to an unkempt plot . Its really depressing to see a gust of wind blow another load of weed seeds over on your plot , this is why these procedures are in place and in my opinion should be used .

Nick

[Unwashed]

Babyrhino, compare this current thread asking for support over enforcement with this other thread complaining about the lack of cultivation and you'll see that there is considerably more sympathy for your complaint than for Becky's situation.  I don't speak for everyone, but my personal take on this is that Becky is entitled to the fair execution of due process and if I can support her with my help and advice then for what it's worth I'm happy to offer it, but you're mistaken if you construe that support as a lack of consideration for your situation.

Actually I have quite a bit of sympathy for the conscientious field secretaries who would have taken the none-too-pleasant and thankless responsibility for managing this situation well before it reached this stage, and although I've managed to be over-harsh to pretty much every one of them who posts on this forum, they're the ones make the difference to a well-run site, and it's their allotmenteering enjoyment that is eroded both by the tardy gardeners, and the whingers who make it their business to complain about their fellow allotmenteers.

[elvis2003]

WOW unwashed (just picked myself up off the floor)
thanks!

[Unwashed]

Yeah, but just don't tell anyone I said that.

[elvis2003]

 :-X

[Digeroo]

I find it quite amazing that you have only been given a week to vacate the plot.  Surely you should expect a months notice.    If there are other vacant plots why have they given your plot to someone?    I find it rather unsatisfactory that they have already offered the plot to someone before you have left.  It puts both parties in a difficult situation.

I feel sorry for you. 

[gp.girl]

A load of jobsworths >:(. If there are spare allotmnets they should be used first giving you a chance to catch up after an awful year. It seems to me that the new plot holder wanted the best plot he could get reguardless of the hurt he caused.

Much as this is too late if this ever happens again would anyone else be willing to help a fellow allotment holder to keep their plot? I know it could be a long way for some but its amazing just now much can be done with a group.......

[betula]

I do feel for anyone losing their plot but I suppose on balance we have to be prepared to let go in some situations.However I think the secs should make efforts to find out the reasons why and then act accordingly.This seems a sad situation and more could have been done to help.

When I moved two moves back I had to give up my lovely spot on a wonderful allotment,I was trying to travel to it but the heavy inner city traffic made it a nighmare.I had to let go  :(

[elvis2003]

I do feel for anyone losing their plot but I suppose on balance we have to be prepared to let go in some situations.However I think the secs should make efforts to find out the reasons why and then act accordingly.This seems a sad situation and more could have been done to help.

When I moved two moves back I had to give up my lovely spot on a wonderful allotment,I was trying to travel to it but the heavy inner city traffic made it a nighmare.I had to let go  :(

most secs,myself included,do,tis a thankless task,unless you are unwashed  ;)