Page 10 - ALG Issue 2 2023

legal matters
Issuing warnings on allotment sites
Recently the NAS has been contacted by a large number of sites that are facing tenants that are not cultivating their plot to an acceptable level and/ or are breaching rules of the tenancy agreement. Associations in this position need to look at employing the use of a reasonable disciplinary procedure that provides tenants
with a fair opportunity to remedy the breach of rules, whilst also putting the landowner/association in a strong legal position should the need to move towards a notice to quit arise.
For handling non-cultivation, it is recommended that the initial notice should clearly state that an inspection has taken place and the tenant’s plot has been found to be in breach of the cultivation standards set out in the tenancy agreement. Some landowners and associations opt to first have an informal conversation with the tenant. This can be a great idea before the initial letter as it can potentially lead to quicker results and avoids the risk of souring relationships.
In the initial written warning, the landowner/association should specifically reference the cultivation rule by either stating the rule number, or even better, copy the exact wording of the rule into the notice itself. It is then suggested that the notice should be clear on exactly how the tenant is failing. For example, the plot may have too many weeds, too much of the plot may be being used for storage etc. The notice should then end by asking the tenant to respond within 14 days
with either an action plan as to how they intend to bring the plot back up
to an acceptable level of cultivation,
or an explanation of any extenuating circumstances. The action plan is an excellent idea as it lets the tenant and the managers of the land agree on a fair strategy moving forwards.
If the 14 days pass with no response, the action plan hasn’t been followed or the mitigating circumstances have ended and the plot is still in a poor condition, the landowner/association can move to issue a final warning. The final warning should set out exactly what action is required of the tenant to avoid their tenancy being terminated. The warning should also set out a fair timeframe for these works to be completed by (the recommendation would be no less than 14 days from the date of the warning). Finally, the warning should be clear that should the works not be completed by the deadline, a notice to quit may be issued to the tenant.
For breaches of other rules of the tenancy agreement, a different procedure should be followed. The NAS recommend that following a breach
of rules, the tenant should be issued a first warning that clearly sets out what rule has been breached and an explanation as to what action/s of the tenant has caused the breach. Similar to the non-cultivation procedure, it
is recommended to include the exact wording of the rule that has been breached to provide absolute clarity in the notice. The landowner/association can then set out any actions (if any) for
The final
warning should set out exactly what action is required of the tenant to avoid their tenancy being terminated
the tenant to undertake to remedy the rule breach as well as a fair deadline
to do so. The notice must also be
dated and have a clear address for
the tenant to respond to. The NAS recommendation would then be for the notice to state that the first warning will be kept on file for six months and that any similar rule breaches in that time may lead to a final warning being issued.
If a tenant that received a first warning were to then breach a similar rule
in their tenancy agreement, a final warning could then be issued. The
final warning would follow the same contents of the first warning including a direct reference to the rule, a description of the behaviour that broke the rule and what actions can be taken to remedy the breach. The final warning would then state that it will be kept
on file for 12 months and any similar breaches could lead to a notice to quit.
Each case is unique, but this is a good framework to begin with. Members can seek further assistance if needed by emailing natsoc@nsalg.org.uk.
Tyler Harris, Legal Advisor
Leading Supplier of
Jam Jars & Lids
Jam Making Equipment Pressure Canning Jars & Supplies
www.lovejars.co.uk
10 Allotment and Leisure Gardener