Topic: Advice of termination of tenancy needed.

[Freckle]

Hi everyone,
I’m relatively new to being a plot holder and would like some advice regarding termination of my tenancy.

I have a plot on a privately run allotment, I paid £275 as a goodwill gesture (if that’s the right term) and £50 for my share in the allotment site; this was back in September 2011.
The plot was reasonably clear of about 50% with the remaining having 35 grape vines and a fenced in area which had been overrun with brambles.
I have to say I haven’t done as much as I could have done on the plot this year due to the weather and my work, I’m a self employed gardener, so when it hasn’t been raining my work load is rather huge.
I have had two warning letters regarding none cultivation. The first I was given 4 weeks, and the second letter gave me 6 weeks.
The plot although not cultivated to the percentage satisfaction (60%) has not been allowed to run wild. The vines were also all pruned over the winter period ready for this year’s growth. After all the rain we’ve had the 50% of the plot that was clear had a carpet of weeds the highest up to my knees.
After the 2nd letter I explained to a committee member that I did have plans to cultivate it and have courgette, cabbage and couli ready to go in.
My plan was to treat all the weeds with weed killer, borrow  a rotovator from the plot holder next door and once the weeds were down turn it all over and get it planted up.
So with six weeks grace I started, it took 3 weeks for the weeds to die off,  I then strimmed it down to ground level ready for rotovation.
The weekend I was due to use the rotovator the owner of the machine went on holiday so I had to wait for his return.
By hand I turned over an area and got my courgette plants in.
There was a notice that went up regarding payment of rent that I wasn’t aware of. The rent could be paid from 2nd June up until 24thJune, after that there would be a £5 fine for late payment.
I received a letter from the secretary on 6th July saying my tenancy has been terminated due to late payment of rent and non cultivation.
As soon as I saw the letter I went to see a committee member to pay the rent explaining I did realize how important the notice board messages were and that as it’s my first full year owning a plot I was unaware of the rent payment timing. He refused to take any monies and suggest I contact the secretary.
I have checked the site rules and there is provision for an appeal which I have asked for in writing, the appeal meeting is this Thursday.
In the letter I explained that the plot had numerous plants to go in and had the guy next door not gone on holiday the plot would indeed be cultivated to their satisfaction. It was just bad timing on his holiday etc.
I have spoke to 2 committee members and the secretary and was advised by her (off the record she said) that if I did the work that I had promised then the committee would find it hard to go against me. The two members said to leave it until the appeal.

So, I arranged to meet the guy with the rotovator up the plot for yesterday afternoon, and then I get a txt from the secretary suggesting I didn’t do any work. As I have been given up to the 19th to remove any property I deemed that technically it was still my plot so know I was going to appeal I have rotovated the area that I said I was going to, I also put in three rows of main crop spuds. The cabbages and couli will go in today.

I have checked the rule book and there is a part regarding termination saying the association  have the right to enter and take possession of a plot if the owner is 40 days in arrears of his rent. The last day before the late payment fine is 24th June, I received the termination letter only 12 days after this. So by their own rules I still have/had 28 days to pay the rent before the notice of termination should have been given.


Yesterday I took a walk around the whole site noting down any plots that were in a state or had less than the 60% cultivation. I noted down 15 plots which had weeds, bramble and grass growing at chest height. I know only 5 termination letters have gone out so there are 10 plots which the committee is ignoring; the committee seems inconsistent with their administering of the rules.
With the height of the weeds on the plots I noticed it is clear that they should have had the same 2 letters I had urging them to do something about it and have ignored them as there is def more than 10 weeks weed growth present.

I’d like some advice as to where I stand with the whole thing; the site is affiliated to the National Allotment Society and Leisure Gardeners Ltd.
Should the decision go against me I would still like to fight my case and keep my plot but am unsure of what to do.
Thanks for reading so far and I would welcome any feedback and advice.
Paul.

[Ellen K]

Well, I don't know where you stand from a legal point of view but .... you have had 2 warning letters about non-cultivation and you haven't paid your rent ..... so you can see where the termination letter comes from.

I would pay the rent straight away and grovel at the Appeal meeting tomorrow and hope you can salvage it.

This money up front you paid seems very unusual as you dont say that it is a refundable deposit.  But I would forget that for now and focus on keeping your plot.

You may be able to ask for mediation by NSALG  but I wouldn't go there - I would move on and find another allotment.

This is just what I'd do in your position.  Good luck with what you decide.

[Freckle]

Just to add clarity to my case here are a few photos.

Plot after strimming ready for rotovation.


And now after rotovation and planting up.






And finally a couple of the other plots i mentioned.

[Steve.]

It's difficult to offer advice as you probably know facts that you take for granted, and we are not aware of.

I would certainly approach this with an attitude of showing what you have done (print off the photo's of your now cultivated plot) and explaining why you have not been to your plot, I myself think it's a reasonable reason.

I would not compare yourself with others who have done nothing with their plots, until your absolutely certain they are taking the plot from you for good. Then you could ask if those plot holders are also being evicted.

I would also enquire as to why the termination notice had been issued 28 days early (as per their own rules) and if this was a majority committee decision or if it had been decided outside of a committee meeting. If it had been decided in a meeting, can you see a copy of the minutes.

I would also promise to keep the plot cultivated in the future stating it's a "newbie mistake", wont happen again etc. Now you have it rotovated it's a ten minute job every week (being a gardener, you know this already) to go and hoe any weeds down even in the pouring rain.

Finally, I would fire of a email to nslag and see if they can offer any advice in the short term.

This is just how I would approach this situation, I'm not saying it's wholly correct and I do hope others offer some advice here for you too.

The very best of luck to you with this.

Steve...:)

[Digeroo]

Looks like you have made a good start but does not look 60% cultivated to me.  But can see you do not want to waste plants by planting if you are going to be thrown off. 

Who are you supposed to be paying, not every committee member will accept monies.

I am with the others, I think you need to apologise, and pay the correct person. 

Good luck with your efforts.

[Freckle]

Right where to start....

i was confronted by what i would deem to be the whole comittee, around ten of them so my mouth went dry imedeately, as no one knew who to proceed it was suggested i explain my plot from when i aquired it to present day.
I had made alot of notes and bullet points to refer to but i was like a rabbit in the head lights. Eventually i calmed down and things started to flow more smoothly.

I kept it very calm, explained that i didnt realise that there was a measured percentage to have crops growing, and that once i had found this out i had put plans in place, the plants i have in bear it out as they are roughly 10 weeks old etc.

I was questioned by one guy continually why i didnt dig it over instead of waiting for the rotovator...he stated he could of done it in a day. I said i wish i had a whole day to spare.

The same guy accused me of not tending the plot in 7 months from Oct to May, my reply was that if i hadnt been keeping the weeds down my plot would be in the same state of some of 'those' nearby. As it stands although there were'nt crops growing (apart from vines) the plot wasnt causing a nuisance to neighbouring plot blowing weed seeds everywhere.

I was accused if i was holding onto the plot in case builders wanted to buy the land and thus make money.

Minutes werent taken and the whole thing seemed very un organised.
Dispite my fuming anger prior to the meeting i found myself unable to really vent my frustrations in fear of jepoardising the  outcome.

When asked why i had done the work after the termination notice i said i wanted for once to show you what ive done not what i say im going to do.

On the whole i think depsite my nervousness i put my case over well, they wouldnt give me a decision on the spot, i will receive it through the post very soon.

It turns out next door's dad is chairman of another local lotty site, i showed him the photos and had a chat with him with regards the meeting, his opinion is that the comittee in my case have gone over board, should the decision go not in my favour to certainly involve the national society, as with the evidence ive shown him he is positive they would fall on my side and the comittee be pulled into line for the inconsistance in the dishing out of penalties.

I'll let you know as soon as i do what the outcome is.

[elvis2003]

how are you getting on freckle?