Topic: Paid contractor.

[digmore]

Just a quickie,

I would like a reaction to the following.

Tenant keeps failing in all aspects of good husbandry on his plot etc. for several years, either through alledged ill health or prolonged holidays abroad.

Announces that he is now going to employ an outside agent to do and maintain his plot for the foreseeable future.

Comments please.

Digmore.

[Ellen K]

He is an idiot.  It is going to cost him a fortune.  But at least the plot will (should) be cultivated which will please his neighbours.

[goodlife]

We are not stopping anybody bringing some outside help on their plot..but we have rule that anybody that is outsider have to be accompanied by the plot holder and they are not allowed to give keys for entry..it is to prevent outsiders making spare keys and then in their own time filling their van with other plots 'goodies'.
It has happened before so we are all questioning anybody on site who is not known.
We don't usually have any hired help as usually there is always some that are available for emergency help if needed.

Code: [Select]

Tenant keeps failing in all aspects of good husbandry on his plot etc. for several years, either through alledged ill health or prolonged holidays abroad. I'm surprised that has been allowed to go on so long  ???
Depending of the reasons, we give a year or two at max and then they've 'encouraged' to  give up. Usually it is sooner than that, but anybody with sudden health problems etc. we give them recovery time and chance to see if they are up to cultivation..in mean while we are prepared to strim or spray the plot to keep the growth down.

[kt.]

Everybody can have health problems but having health problems and prolonged holidays.....  For our site, we accept retrospective reasons for lack of good husbandry a first time, but subsequent events would warrant written warnings with a 3 strike and out rule on our site as per the tenancy agreement.  If this happens on our site, tenants are reminded they must inform the council if their plot is to be untended  for any great periods of time beforehand.  For example, we have had tenants who sustain injuries or they are going into hospital for major surgery and inform  the council that they will be unable to tend their plot for X amount of time.  This is placed on file and then followed up after the timeframe given by the tenant.  If nothing has been done to the plot, after 12 months they are requested to relinquish the plot if they are still unable to work it though they have the offer of going at the top of the waiting list for a further 12 months.  Usually it is 4-5ft high in weeds when asked to return the plot.  Of the several cases I have had this past 4 years,  most have been able to get back to working the allotment in full or at least showing willing, 1 has just given up his plot this month after being ill for over 12 months.

We do the same as goodlife with keys etc.  Providing the history is as you say, I would be sceptical as to whether this outside contractor is the plotholders friend getting a plot without waiting if the tenant does not actually wish to retain it.  I would be having a thorough look at the tenancy agreement.

[lewic]

Perhaps he could offer to pay one of the other plotholders?

Someone who is unemployed or retired may have lots of spare time but no cash, and be glad of the work.

[elvis2003]

man's a fool,get rid!

[BarriedaleNick]

Wouldn't work on our site as you are specifically not allowed to sublet or allow others on to your plot when you are not there. 
We asked someone to leave because of this - he never did any work just paid someone else to do it.

If someone is injured or unable to work a plot then of course we will give them a break or allow another member to work the plot but not a paid contractor.

[grawrc]

Given what you have said about this man, I think we would have evicted him by now, however if he is still there and your rules allow it, he could be authorised to employ help. It would certainly be better than continuing years of neglect. My feeling is, however, that people take on allotments as a hobby (clearly not this man) to grow fruit and veg. If he is paying someone to work it for him he'll have pretty expensive fruit and veg. So, like Rach, I conclude he is a bit of an idiot! I would be thinking of starting termination procedures.

[digmore]

Thankyou everybody,

You have basically comfirmed my own opinion.

Once again thankyou.

Digmore

[Toshofthe Wuffingas]

I'd ask if there is a waiting list for your plots. If there are then this may be a roundabout way of jumping it. But I wouldn't want to give any advice not knowing the full picture.

[Unwashed]

Poor cultivation is poor cultivation, every site should have a clear and reasonable policy for dealing with, and should deal with it in a clear and reasonable way.

Who the tenant invites on to their plot to help with their cultivation is no business of the committee.  The tenant has a right to the quiet enjoyment of their plot and that includes inviting whoever they like on to their plot, whether they themselves are there or not.

If an allotmenteer wants to pay someone to tend their plot that's really between them and their bank manager and shouldn't concern anyone else on site - this isn't subletting.

Subletting is different, if the tenant has given someone else exclusive possession of a part or the whole of their plot then that's something the committee can legitimately make rules about, though as kt says you have to understand that people can have prolonged holidays and ill health and it would be unfair to prevent some limited sub-letting.

[davyw1]

As Unwashed says if it is not in the rules of your site that allotments shoud be cultivated to a high standard and kept weed free as far as possible by the plot holder then i would say that he is quite within his rights.

It all comes down to what you have in your rule book and the allotment act " an allotment is for a person to grow vegattables for himself and his family"  having some one grow your veg for you, for me is not part of that law.

My ruling It is the responsibility of the plot holder to maintain their allotment to a high standard and must attend their allotment on a regular basis and must be in attendance to suppervise any visitors to their plot.

[grawrc]

We have a system of "registered helpers" who can access the site with their own key as long as we have contact info for them. Otherwise we ask plotholders to be present when friends of theirs are on the site. With over 100 plots it can be hard to keep track of who's who and there have been a couple of incidents involving visitors and a few instances of things going walkabout, so the members want access controlled. Obviously this doesn't include spouses/partners etc.

[Digeroo]

Lots of people here get help with their plots, various friends, grandfathers, sons  etc etc help out or fill in during holidays.  Seems a bit difficult to me to have to supervise any visitors.

Surely even if he pays someone to do the work if he uses the produce it is still for his own use.  How can you tell the difference between a volunteer and someone paid?  

I do however wish people had some kind of badge so I know who is who.   We have had some strangers cropping veg and I like to see them off.

[daveyboi]

The only note of caution I would add is it might pay to investigate further into the reasons behind this just in case it might be a service man serving abroad for example or someone that has become disabled temporarily but will return properly in the future.

[elvis2003]

Its the visitors that always cause problems at our place, ie dumping waste,leaving the gates unlocked etc etc.