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Buachaill, Barrister
Category: Law
Satisfied Customers: 10949
Experience:  Barrister 17 years experience
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we are a private allotment who own our own land and have our

Customer Question

we are a private allotment who own our own land and have our own rules which our members agree to and sign on joining.can we evict a member who has broken rules and was allowed to remain after giving his assurance that he would adhere to rules from now on and subsequently broke them within 2 months of this assurance
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset, you can evict a member of your association who run the allotment provided the rules applicable to the allotment and the association are properly followed when it comes to eviction. Accordingly, it is important that the power of eviction for breach of the rules is given in your rule book. If such a power of eviction does not exist, then you will have to pass an amendment giving you such a power of eviction before you go ahead and evict this rule-breaking member. Otherwise, if you do not have a power of eviction, then any such action is unlawful. If there is such a power of eviction, it is vitally important that you follow the procedures laid down in the rule book. This would normally involve the giving of notice to the rule-breaking member to remedy the breach of the rules in default of which eviction would apply. However, once proper procedures are followed pursuant to an existing power of eviction, then the allotment association can evict a member who breaks the rules. It does not matter that a previous breach was not acted upon to evict the rule breaking member. The power to evict can still be used subsequently, provided it exists and the proper procedures for it are followed.

Buachaill :

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