Eviction Notice -HELP

  • 11 Replies
  • 654 Views
*

Tugrin

  • Newbie
  • *
  • Location: Lincolnshir/ Norfolk border
  • 2
Eviction Notice -HELP
« on: April 12, 2019, 11:44 »
Hi Everyone - I am in desperate need of advice. I took over a quarter acre plot last July. It had been worked for many years by an old chap who died the previous February so by the time I took over there were a lot of weeds and it was obvious that he had been cultivating less than the full plot. I worked quite hard mowing cutting down even a bit of spraying (sorry to the organic community but I felt I had to). I have not been working on it for a while but was just getting ready for the spring push when out of the blue comes a Notice to Quit (dated 2/4/19) notice complete with a copy of a photo taken on the 22nd March. I have been in shock since as there has been no prior communication from the parish council! I have been in contact with them and  when I asked the parish clerk if, as the 'allotment allocators' they didn't bother with Notices to Improve he was unable to give me a satisfactory answer which implied that they usually did but for some reason didn't send me one. He said my e-mail to the council could be used as the basis for an appeal but kept saying the parish council didn't think the plot ought to be a Garden Allotment as the previous chap had had it on a Farm tenancy - (query why did they let me have it in the first place!) I don't know what to do - the council meet on the 30th April - any advice or help in this will be most gratefully received. In the meantime I am continuing to work as I originally planned only I am taking photos as I go

*

mumofstig

  • Global Moderator
  • Hero Member
  • *****
  • Location: Ashford, Kent
  • 49299
Re: Eviction Notice -HELP
« Reply #1 on: April 12, 2019, 13:23 »
Welcome to the forum.
The trouble is probably because as you say yourself
Quote
I have not been working on it for a while
If they had seen evidence of cultivation they would have taken that into consideration.
A quarter acre plot is massive, it is more of a smallholding size than an alotment -will you ever manage to work it all?
If you think you can - your best bet is to make a plan of action, with when you think you can  get each different stage completed and see if they'll give you the time to get it all under cultivation.
Another option is to ask them for a smaller piece of land.
Lesley x
I'm not good, I'm not bad - I'm just me, and sometimes I have to apologise for that ;)

*

Aunt Sally

  • Administrator
  • Hero Member
  • *****
  • Location: Sunny Kent
  • 17154
  • Everyone's Aunty
Re: Eviction Notice -HELP
« Reply #2 on: April 12, 2019, 14:26 »
A useful reply from MoS!

Show you are working it and produce a plan for getting it back into heart.

As MoS says. A quarter of an acre is huge  :ohmy:
Find more about Weather in Maidstone, UK

*

Tugrin

  • Newbie
  • *
  • Location: Lincolnshir/ Norfolk border
  • 2
Re: Eviction Notice -HELP
« Reply #3 on: April 12, 2019, 16:51 »
Thank you for the advice. I know its huge but there are established strawberry beds, a large asparagus bed, dozens of raspberry canes plus a very large part is given over to daffodils - the previous holder sold his produce - this is Lincolnshire so flowers are not that unusual. My plan was to attempt a forest style garden with perennial veg and fruit, no-dig being incorporated into it. I haven't had an allotment before and was waiting to see what the spring would bring as I have with all my other gardens ( some as big as this) but I have fallen into a trap by not reading the full agreement I suppose and just thinking it would be OK.
I do think there is something odd about the whole thing though. The plot is surrounded on 3 sides by a field, being the very last remaining allotment from years and years ago; the other allotments are about half a mile away over more fields. I think the council want to let the farmer plough it in which is sad :(
I will take your advice though and draw up a plan of action - I have already put down 70 square metres of weed suppressing membrane which I already had.

*

snowdrops

  • Hero Member
  • *****
  • Location: Burbage,Leics
  • 15649
Re: Eviction Notice -HELP
« Reply #4 on: April 12, 2019, 17:09 »
Are you in a position to buy in manure,Council compost,mushroom compost or similar? If so & you want to go no dig as you say, then source lots of cardboard, spread the mulch & if necessary cover with the membrane until you are ready to plant if you get the go ahead to stay that is. I think with that size area you need to be showing that you are doing something on a regular basis. Getting a load of pallets & building an array of compost bins would take a goodly chunk of space up, then perhaps make friends with a tree surgeon who could deliver wood chippings to rot down as you will need lots of well rotted compost for your no dig areas.
A woman's place is in her garden.

See my diary pages here
and add a comment here

*

grinling

  • Hero Member
  • *****
  • Location: Lincs
  • 3167
Re: Eviction Notice -HELP
« Reply #5 on: April 12, 2019, 18:52 »
Have a look online for how your parish manages allotments, if not available the parish clerk should give you a copy. It should also be stated in the agreement about notices.
There might also be a clause if the land you are working is farm tenancy, which means a high percentage of the land should produce food, livestock is not normally included. If it is a farm tenancy, you will not be covered under allotment use, but if you are not going to manage it all, all year round, you are breaking the terms of the tenancy. Read the smallprint.
There are several properties near me which come under farm tenancy so the owners have to grow food and not use the land as garden only.

*

Yorkie

  • Global Moderator
  • Hero Member
  • *****
  • Location: Yorkshire
  • 23642
Re: Eviction Notice -HELP
« Reply #6 on: April 12, 2019, 20:17 »
It might also be worth contacting the NSALG https://www.nsalg.org.uk/for advice
I try to take one day at a time, but sometimes several days all attack me at once...

*

New shoot

  • Global Moderator
  • Hero Member
  • *****
  • Location: Reading
  • 13849
Re: Eviction Notice -HELP
« Reply #7 on: April 13, 2019, 10:13 »
My plan was to attempt a forest style garden with perennial veg and fruit, no-dig being incorporated into it.

I think Grinling has made a very good point about your tenancy agreement.  You really need to check what is expected before embarking on this plan.   A lot of standard allotment sites do not permit the planting of trees, so that could snooker you from the start on a forest garden.

It is also potentially not going to cut much ice with your farmer neighbour, who is used to seeing a market garden operating next to his fields.  Through his eyes, a load of weed membrane, mulches piled up and what looks to him as pretty unkempt beds are just a waste of land that he could farm.  If he is complaining long and loud, that could have spurred the notice you have received.  There may be no great malice to it all, just frustration.  Your weeds will be seeding into his fields after all.

If there are other allotment plots only half a mile away, is it worth asking for a move?  The plot size you have is pretty much a full time job, but the income generated may be pretty low.

*

TonyB.

  • New Member
  • *
  • Location: Birmingham
  • 14
Re: Eviction Notice -HELP
« Reply #8 on: April 13, 2019, 16:43 »
The plot is obviously too large for you to cope with. If you took over last year and still have not got it to a stage where you are ready to sow/plant then it is time to let go and get a smaller plot.

I took over half a plot from a guy who could not cope last july. Are halves are 45ft by 42ft. He keeps promising he will get down more often and work his half. Guess what - he spends about 2 one hour sessions a week basically looking at it! He has put fabric over a quarter. The rest - fruit cage, greenhouse, shed and a lot of open ground is in a very poor state. The requirement to keep a 18 inch border round the plot weed free is ignored by him. Yet still the council will not take action. I wish I had your council. There is a waiting list - let someone who actually wants to work the land get a chance.


Yes this is a rant!


*

rowlandwells

  • Hero Member
  • *****
  • Location: northamptonshire
  • 1244
Re: Eviction Notice -HELP
« Reply #9 on: April 13, 2019, 19:06 »
As I'm not to familiar with the back ground to this topic I can only tell you what as happened to others in your position. We took on more allotments when plots where being left vacant and rent around an acre. This was to keep things going.  I'm not a farmer or a commercial grower but we managed to plant the whole plot.  Our allotments policy is for the plot holder's use and not for re-sale and someone tried to say we where selling off the allotments although we wasn't and it was not proven.  Those concerned where sent with their tails between their legs.  I was given a full apology over the matter.


And although there has been some sub letting, this is only on a gentlemens agreement and not binding so if the tenant who pays the rent wishes to use the whole plot,  then its goodbye vienna to the sub tenant. Now as i understand it, if the landlord has no takers for the empty plots after due time its probably been offered to the farmer to cultivate and keep clean, but not sure about the tenancy agreement between the landlord being the council and the new tenant being the farmer.


As it looks to me unfortunate as it is you don't have any legal documentation  to say your sub letting is this right?  So that leaves you in the do-do although I would have thought your landlord being the parish council should sort you out a fresh plot on the same allotments, but they haven't any legal obligation to do this. That's only my take.   One would think a little give and take by the council would kick in but you really need to ask for your case to be put to next full council meeting and attend it yourself.


Edit just to add a couple of full stops, so the meaning was clear
« Last Edit: April 13, 2019, 20:02 by New shoot »

*

Christine

  • Experienced Member
  • ***
  • Location: Northumberland
  • 134
Re: Eviction Notice -HELP
« Reply #10 on: April 14, 2019, 08:55 »
As a committee member who sends out warning letters and eviction notices, we do send out notices to improve and re-inspect after a given time. We do have a regular inspections routine that is known to long term plot holders and passed on when the tenancy agreement is signed by new plot holders.

It sounds as if you have been allocated a plot wrongly and it should possibly not have been let to you. Unfortunately the parish council now has to come up with a reason to remove you from the plot. Your lack of attention to it has given them a way out. Certainly make a good case and attend the next meeting to present it. But be prepared to lose. Question the letting and ask if you could have a proper - and smaller - allotment. In this case you will have to be meticulous in your growing regime and ensure that it is cultivated and productive at all times. You should have spent the winter laying out raised beds and paths you know so that action could be seen. By now you should have fruit bushes, raspberry canes, strawberry beds, onions and garlic planted. Mid April is way too late for any of these. You have rather left yourself open to eviction.

*

jambop

  • Experienced Member
  • ***
  • Location: south west France
  • 469
Re: Eviction Notice -HELP
« Reply #11 on: April 14, 2019, 18:07 »
As a committee member who sends out warning letters and eviction notices, we do send out notices to improve and re-inspect after a given time. We do have a regular inspections routine that is known to long term plot holders and passed on when the tenancy agreement is signed by new plot holders.

It sounds as if you have been allocated a plot wrongly and it should possibly not have been let to you. Unfortunately the parish council now has to come up with a reason to remove you from the plot. Your lack of attention to it has given them a way out. Certainly make a good case and attend the next meeting to present it. But be prepared to lose. Question the letting and ask if you could have a proper - and smaller - allotment. In this case you will have to be meticulous in your growing regime and ensure that it is cultivated and productive at all times. You should have spent the winter laying out raised beds and paths you know so that action could be seen. By now you should have fruit bushes, raspberry canes, strawberry beds, onions and garlic planted. Mid April is way too late for any of these. You have rather left yourself open to eviction.

 not looking for an argument but actual planting times for crops is totally subjective... it is mid April down here in SW France and I have not put my onions in yet! In fact there is very little in my garden yet simply because the ground is not fully warmed up yet, there is still the chance of frost, my spuds are in and just through the ground and guess what last night we had a frost. If the ground is ready for planting then that is more important than having things growing... so I actually don't agree with you ... raspberries, strawberries and fruit bushes... now you are just telling the person what they like to eat! If he had just planted one crop over the entire plot would that have been wrong? The way I read it this person has been given a plot and not enough time to get it going fully... a weekend with a rotavator and he could have it turned over and planted fully out with potatoes ... would that be wrong ... absolutely not! Sounds to me that someone has had an eye on that plot and they have made their move.
In fact my advice ? Get a hired tiller with plow attachment and do the whole shebang ridged and call their bluff with a crop of spuds.
« Last Edit: April 14, 2019, 19:38 by jambop »



xx
Allotment Horror! Eviction Notice

Started by rusbli on Grow Your Own

70 Replies
16553 Views
Last post November 12, 2009, 12:16
by Green man
xx
Notice to quit

Started by Windsong on Grow Your Own

11 Replies
3839 Views
Last post October 15, 2011, 09:40
by joyfull
 

Page created in 0.484 seconds with 48 queries.

Powered by SMFPacks SEO Pro Mod |