[rusbli]

I have just received a letter regarding my allotment. They are claiming that I am in breech of my tenancy agreement.

They are saying that they have noted that "little work has been carried out to the plot and the requirement of the tenancy to achieve 50% cultivation during the first 12 months of your tenancy has not been achieved"

I am furious as in my defence I have had the allotment since January and had a huge 10ft by 10ft green house that had to be rebuilt that was left by the previous owner. I have also grown potatoes, onions, in half a section of the plot. I understand that tennants have to keep their plot up to a certain standard but I have had no prior warning about the issues with my plot and now they are asking me to vacate the plot and habd the keys in.

Has anyone else had problems with letters like the one I am describing?? I would love to hear your thoughts or suggestions on how I can stop myself getting evicted.

Russell

[Aunt Sally]

Have you had a previous letter asking you to improve your plot ?  You should have had !

For both a letter of improvement and a letter to vacate you have the right to appeal against the decision and state the reasons that you appear to be in breech of the agreement.  

Write a nice letter to whoever is in control of the legal side of the tenancies and state the reasons that 50% is not yet cultivated and also the steps and time schedule you have for getting it to 100% cultivated.

Good luck

[rusbli]

This is the first letter I have had, this is why I am so annoyed. I feel I have done enough work. I dont know if they have looked hard enough as my wife is expecting in the next cpuple of days so its a bit overgrown down there at the moment. If I would of had a letter stating that the site needed work doing on it then I would of met their requirements. I feel its a bit soon and sudden to vacate me.

I work for the council and know the allotment officer so will be speaking to him tomorrow. Any advice on how to not loose my plot?

[Aunt Sally]

Keep very calm !  Explain your wife's condition and the greenhouse renovation.  Tell them you have not had a letter of improvement previously and ask for a month to remove weeds and turn the soil over (pull the weeds out and run a 3 prong cultivator over it). 

It is in most allotment guide lines to give a warning letter before the eviction one and they always allow time to remedy the lack of cultivation.  If you get on ok with your plot neighbours they may also support your request for a month's grace.

[Goosegirl]

Are you sure they have got the right person and not you by mistake ??

[madcat]

I echo Auntie 'keep calm'.  You work for the council so you know how many people get worked up over all sorts of things and how little good it does.  You also know that the allotment officer will have procedures and processes that (s)he has to go through and that is what his/her performance appraisal judges.  You also know that (s)he isnt looking for more paperwork ...  there is too much already!

So take a deep breath before you say anything and keep it friendly.  Then explain the situation, how it was a tough break in the first place and what you have been doing.  Goosegirl is right - it might not even be aimed at you - mail merge makes it easy to send a letter to the wrong person.  Work with them to find the loophole that lets the officer say - oh well then, if that the case then rule x applies and I can ....  They dont want aggro or more paperwork, so help them find a way to keep a good tenant.

[rusbli]

Thanks for all your reply's and support they have been much appreciated. I am just a bit shocked about the lack of communication they have had with me about the problems with my plot. This year has been a bit of a nightmare with regards to growing which is why there has not been much progress. I have certainly done enough work up the plot as the greenhouse took many weeks to put right and a lot of money was put into it too. I will ring him first thing and have some points put to paper to enforce my defence and hope we can come to some arrangement. I just hope he does not want it done in the next month as my wife is due to drop and day now. But I will cross that bridge if it comes.

[madcat]

Forgot to say - pull your tenancy agreement out and read it carefully this evening, so you are sure what it actually does say, not what you think should say.  Helps find a way to a solution and helps you stay calm as you know where you stand.

[rusbli]

trying to find it and I cant seem to see it anywhere, typical! Will keep you posted ofthe outcome tomorrow.

[DavidT]

They shouldn`t kick you off in the first year anyway, it takes that long to get the plot underhand.

[Janeymiddlewife]

Are you sure they have got the right person and not you by mistake ??

I got one meant for my neighbour, any chance they've mixed your plot up with someone with a surname next to yours, or a number or row similar? If this rule was applied on our plots lots of people would be thrown off - I've been on mine a year now and got 2/3 of it cultivated - several other people's are permanantly under carpet!

[DD.]

I had one last year as well.

Right plot number - wrong site!

[MOLUSC]

You havnt even been there 12 months, so how can you be breaking the terms and conditions?
Go there this weekend and fill half the plot with overwintering onions garlic and broad beans.
They can do nothing then

[DD.]

You havnt even been there 12 months, so how can you be breaking the terms and conditions?

That is a very good point!

[rusbli]

this is all very good ammo for me to use tomorrow.