Page 8 - ALG Issue 2 2021

legal matters
Non-Cultivation Management
The waiting list can be affected by the standards of cultivation expected from existing tenants and measures taken to make plots available where land is not being used properly. It is important to ensure that the inspection regime does not undermine the rights and enjoyment of the tenants. However, this should be robust enough to ensure that plots are not allowed to become a problem.
Tenancy agreements should include clauses placing obligations on tenants to keep the plot clean, free from weeds, in a good state of fertility and well cultivated. Many will also give a 75% of the land to be cultivated for the growing of fruit and vegetables, with 25% allowed for sheds, poultry or other landscaping, depending on the site. Due to the subjective elements of this process, non-cultivation can be fraught with difficulty. Appropriate cultivation levels could be:
• The plot is in readiness for growing.
• The plot is well stocked with growing produce relevant to the time of year.
• The plot is in the process of being prepared for the following crops or season.
The management of the site should also insist that plots are cultivated in a way that does not cause a nuisance to other tenants; these should include:
• Keeping paths free from hazards and ensuring that they are trimmed and kept neat.
• The removal of seed heads, before the seed has set.
• The removal of long grass or detritus that could harbour slugs and snails.
• Controlling pernicious weeds, including weeds spreading via extension roots, or by generating new plants from growing tips in contact with the soil.
It is important to have clear, practical criteria outlined for non-cultivation. Prospective tenants should be given
a clear explanation of what will be expected of them and be encouraged to acquire basic horticultural skills. This will often depend on the size and condition of the plot when allocated. A time frame should be discussed with any tenant, so they are fully aware of what is expected from them and the time scale they can commit to the plot. From a management point of view,
it would be an excellent idea to keep photographic evidence. Plots should be monitored frequently in the early months, which will allow tenants in difficulties to be detected as early as possible.
Tenants, who fall below the expected standard, should be given every opportunity within the scope of the Association’s procedures to rectify
any breach. They should also be given a clear indication of what is required
of them (within a reasonable time frame) if their tenancy is to continue. The recommended timescale after
an inspection for the first letter is 28 days and also to ask if there are any mitigating circumstances as to why the plot has not been fully cultivated.
Where no response is received,
then another inspection should be undertaken and 14 days given from the date of the second letter. If still no response is received, then a Notice to
A time frame should be discussed with any tenant, so they are fully aware of what is expected from them
Quit should be given under the terms of the Tenancy Agreement, which is usually 1 month. Where this procedure is complicated is when the tenant has just done sufficient to remain on the plot. Careful monitoring of this should be carried out and it is good practice to take advice on the situation prior to issuing any notices.
Liz Bunting
Legal and Operations Manager
Image credit: NAS Member Jean Price
8 Allotment and Leisure Gardener